Professional Documents
Culture Documents
Carmen D. Caraiman - Limba Engleza Pentru Juristi-CURS - Trimis de Prof
Carmen D. Caraiman - Limba Engleza Pentru Juristi-CURS - Trimis de Prof
Acest curs a fost aprobat n vederea tipririi de ctre Colectivul de limbi strine al Universitii
Nicolae Titulescu din Bucureti
FOREWORD
Nowadays legal English has started to play a more prominent role in the profession of a lawyer,
prosecutor or judge basically due to the phenomenon of globalization, which has generated the
internationalization of legal transactions, and has made available more legal jobs all over the world.
This course book was conceived as a practical instrument for students in law, translators, as
well as for anyone who is interested in acquiring legal English terminology in everyday contexts.
The book contains six sections: five of them focus on vocabulary (general legal terminology,
terms used to refer to the Romanian legal system, and terms commonly used to refer to the EU law),
while the last section deals with grammar topics applied in legal contexts.
In conceiving the vocabulary units the author considered and made use of fundamental legal
texts: specialized dictionaries and glossaries, the Constitution of Romania, the Romanian Criminal
Code, Romanian laws on the judiciary / on the Ombudsman / on public administration, the European
Convention on Human Rights, up-to-date bibliography on legal professions and law firms, as well as
up-to-date bibliographic resources on the EU history and institutions.
CONTENTS
PART 1
SECTION 1 BASIC LEGAL TERMS AND THE PRACTICE OF LAW
UNIT I- WHAT IS LAW?
UNIT II - COMMON LAW AND CIVIL LAW
UNIT III - LEGAL PROFESSIONS IN ROMANIA. HOW TO DRAW UP A CV AND A
LETTER OF APPLICATION - TIPS FOR AN INTERVIEW
UNIT IV - LAW FIRMS
UNIT V - COMMON LEGAL DOCUMENTS
SECTION 2 THE ROMANIAN LEGAL SYSTEM BASIC PRINCIPLES
UNIT I - THE ROMANIAN OMBUDSMAN (ADVOCATE OF THE PEOPLE)
UNIT II THE ROMANIAN LEGISLATIVE POWER
UNIT III THE ROMANIAN EXECUTIVE POWER
UNIT IV - THE ROMANIAN JUDICIARY
UNIT V - THE CONSTITUTIONAL COURT OF ROMANIA
SECTION 3 PUBLIC ADMINSTRATION IN ROMANIA
UNIT I PUBLIC ADMINISTRATION IN ROMANIA CONSTITUTIONAL PROVISIONS
UNIT II - DECENTRALIZATION IN THE ROMANIAN PUBLIC ADMINISTRATIVE
SYSTEM
SECTION 4 CRIMINAL LAW
UNIT I CRIMINAL LAW
UNIT II OFFENCES AGAINST STATE SECURITY
UNIT III OFFENCES AGAINST PERSONS
UNIT IV OFFENCES AGAINST PROPERTY
UNIT V OFFENCES AGAINST PEACE AND HUMANKIND
SECTION 5 EU LAW
UNIT I - EU LAW - INTRODUCTORY COURSE
UNIT II: THE EU TREATIES
UNIT III: THE SCHUMAN PLAN
UNIT IV - EU INSTITUTIONS
UNIT V THE EUROPEAN COURT OF HUMAN RIGHTS. THE ROLE AND STRUCTURE
OF ECHR. A CASE TRIED BY ECHR
PART 2
GRAMMAR
UNIT I: THE ENGLISH TENSES REVISION AND TESTS
UNIT II: THE PASSIVE VOICE REVISION AND TESTS
UNIT III: QUESTION TAGS REVISION AND TESTS
UNIT IV: THE SEQUENCE OF TENSES REVISION AND TESTS
V. REPORTED SPEECH REVISION AND TESTS
SECTION 1
BASIC LEGAL TERMS AND THE PRACTICE OF LAW
the fundamental law of the land can be revised and last but not least special provisions regarding the
integration of the state in international organizations.
The Constitution is the nucleus of all the body of laws in a state and its principles are applied
and observed in all domains of law: public, private, criminal, and civil.
Many countries modify or alter their constitutions subsequent to an important historical event:
the fall of a political regime, the end of a war, the attaining of independence.
EXERCISE 2: for revealing some of the most important domains of law, try to match the following
legal phrases to their definitions:
1. family law
2. EU law
3. Roman law
4. common law
5. criminal law
6. administrative law
7. civil law
8. constitutional law
9. copyright law
10. labour law
11. environmental law
who is responsible for the injury you sustained. Your job, your home, your relationships, your very life
and your death, all and more are managed, controlled, and directed (5) the law. The legal system
lies (6) the heart of any society, protecting rights, imposing duties, and establishing a framework (7)
the conduct of almost every social, political and economic activity. Punishing offenders,
compensating (8) injured and enforcing agreements are merely some of the tasks of a modern legal
system. In addition, (9) endeavours to achieve justice, promote freedom, uphold the rule (10) law
and protect security.
(11) the laymen, however, the law often seems a highly technical, bewildering mystery, with its
antiquated // jargon, obsolete procedures and interminable stream of Byzantine statutes, subordinate
legislation and judgments of the courts. Lawyers tend to look backwards. The doctrine of precedent,
hallmark of the common law, dictates that (12) has gone before is what now should be, thereby
affording a measure of certainty and predictability in a precarious world.1
But the law does not stand still. Globalization, rapid advances in technology and the growth of
administrative regulation place increasing strain (13) the law. Domestic legal systems are expected
to respond (14) and even anticipate, these changes, while many look to international law to settle
disputes between states, punish malevolent dictators and create a better world. These are among the
numerous challenges (15) which contemporary legal systems are meant to rise.2
The law is rarely uncontroversial. While lawyers and politicians habitually venerate its merits,
reformers bewail (16) inadequacies //. Few, however, would deny (17) , in most societies, law
has become a significant instrument for progress and improvement in our social, political, moral and
economic life. Think of the transformation that legal rules have wrought in respect of numerous aspects
of our lives that were once considered personal: (18) promotion of sexual and racial equality, safety
at work and play, healthier food, candour in commerce and a host of other admirable aspirations. Laws
to protect human rights, the environment and our personal security have mushroomed. Nothing seems
(19) the reach of the long arm of the law. This boom in the law-making business renders it
impractical both for citizens to become (20) with its myriad rules and for the authorities to enforce
them.3
The law is news. Murders, mergers, marriages, misfortunes and mendacity are daily media fodder,
especially when the misbehaviour is played out in court. Sensationalist trials concerning celebrities are,
alas, only the small tip of a large iceberg.4
b) Explain the following words and phrases in English: mendacity, daily media fodder, wring,
bewail, malevolent, hallmark, thereby, alight before, common law.
Choose three of them and include them in legal contexts created by you.
c) DID YOU KNOW THAT?
1. The Code of Hamurabi was written in 1760 BC? Today you can see the stella upon which the Code
of Hamurabi is written in the Louvre Museum, Paris.
2. Hamurabi was the king of the Babylonian empire.
3. According to the Code of Hamurabi, a false witness was punished with death. The same punishment,
the death penalty, was applied for a builder if the house he built collapsed and killed its owner.
4. Another famous lawmaker was Solon, who lived in the sixth century BC. Solon was appointed to
help the Greeks surpass the crisis their society was undergoing. Solon passed laws that were meant to
1
Raymond Wacks, Chapter 1: Laws Roots in Law. A Very Short Introduction, Oxford: Oxford University Press, 2008.
Idem.
3
Idem.
4
Idem.
2
reform economic and political life, as well as marriage and a series of crimes alongside with the
penalties for them.
5. One of the reforms brought by Solon was the termination of serfdom.
6. The Twelve Tables were issued by the Romans in about 450 BC.
7. In the sixth century AD Justinian ordered the creation of the Corpus Juris Civils, consisting in a
Digest, a Codex and Institutes.
8. The Napoleonic Code (1804) had a huge influence all over Europe, as well as in Latin America.
9. The term Civil law is often used in contrast to common law. Thus, civil law may refer to the codified
law basically applied in Europe, South America etc. Common law is applied in the UK,
Commonwealth Countries, the US and Canada (except for the province of Quebec). In this context,
civil law refers to: French civil law (also applied in Belgium and Luxembourg, Quebec, Italy, Spain
etc.); German civil law (also applied in Austria, Switzerland, Portugal, Greece, Turkey, Japan, South
Korea and Taiwan); Scandinavian civil law (Sweden, Denmark, Norway and Iceland) and Chinese law,
which is a mixture of socialist legal principles and civil law.
IV. DEVELOPING WRITING SKILLS HOMEWORK TASK
For the next seminar write about one of the following topics:
- the rights that Romanian citizens were entitled to during the communist regime (see the Romanian
Constitutions of 19521) and the rights and duties that Romanians are currently entitled to (according to
the 20032 constitutional provisions);
- compare the electoral system during the totalitarian regime and the present democratic regime in
Romania;
- compare the form of government during the totalitarian regime in Romania and the present democratic
regime in our country.
Bibliography
Jonathan Law, Elizabeth A. Martin, A Dictionary of Law, Oxford: Oxford University Press,
2009
Raymond Wacks, Law. A Very Short Introduction, Oxford: Oxford University Press, 2008
Frank August Schubert, Introduction to Law and the Legal System, Boston: Wadsworth, USA,
2008
Online bibliography:
Constitutia Romniei (1952) - http://legislatie.resurse-pentru-democratie.org/const_1952.php accessed on 20th July 2013
Constitutia Romniei (2003) - http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th
July 2013
1
2
a) to interpret
b) the law passed by Parliament
c) an old practice which has the force of law
d) previous decision adopted in a similar case,
which is taken as a model for subsequent cases
e) legal order issued by a court
f) members of the jury
g) jurisprudence (judicial practice)
h) non-religious matters (matters that are
specific to the laity, i.e. not to the church)
i) a compilation of law adopted by a state in
Students must be careful when using the phrase civil law, which may refer both to the continental system of law (opposed
to the common law system) and to the branch of law which regulates patrimonial and non-patrimonial relations among
individuals who enjoy equal rights, as well as certain personal relations regarding the persons individuality and the legal
condition of physical persons and of other collective subjects that have established civil legal relations.
12) e.g.
13) q.v.
14) et seq.
EXERCISE 2: answer the following questions after you read the text below:
1) What is the role of a judge in the common law and civil law traditions?
2) What are the roots of the civil law tradition?
3) In which of the two legal traditions (the common law / the civil law) does the judge play a key role
in the law-making process?
Nowadays common law and civil law are known as two major legal traditions. The former was
created in England during the Middle Ages (in fact, the common law tradition is said to have started
with the Norman Conquest in 1066). It is applied in UK and USA with significant differences.
Similarly, the common law tradition is applied in most of the Commonwealth countries. The latter, the
civil law tradition, also known as the continental tradition was adopted in the colonies of Spain and
Portugal and, later on, in Russia and Japan.
Common law is largely based on precedent. The precedent is the set of judicial decisions that
were made in similar cases. Precedents are gathered in collections of case law. The judge decides what
legal precedent is applied in each case. Consequently, judges are said to occupy a central position in the
common law tradition for it is he/she who creates precedents and who decides which of them are
applied.
The Common law tradition makes a clear distinction between statutory law, created by
Parliament, and case law, created by judges.
Another characteristic of the common law tradition is the fact that it is considered an adversarial
system (in adversarial systems conflicts are tried by the opposing parties before a judge who
moderates).
In the UK and the USA jurors (ordinary people who do not have legal training) are often
present in court to decide on the facts of the case and to return the verdict in accordance with which the
judge passes the sentence.
Civil Law (from the Latin ius civile = the law applied to all citizens) has its roots in the
compilation of Roman law created by the Emperor Justinian. This compilation is known as Justinians
Corpus Juris Civilis (published in Constantinople in AD 533).
Civil law traditions use legal codes that set forth provisions and procedures in civil, criminal,
fiscal, labour, etc. matters.
The judge has the role to determine the facts of the case and to apply the legal provisions that
are appropriate for each case. Although the judge often brings the formal charges, investigates the
matter, and decides on the case, he or she works within a framework established by a comprehensive,
codified set of laws. Civil law is less indebted to the judges decision; its shaping and evolution rather
depends on lawmakers and legal experts who draw up and construe the existing legal codes.
EXERCISE 3: fill in the gaps with one of the following terms: precedent, the Normans, common law,
Norman Conquest, writ:
(1), also called ANGLO-AMERICAN LAW, the body of customary law, based upon
judicial decisions and embodied in reports of decided cases, which has been administered by the
common-law courts of England since the Middle Ages. From this has evolved the type of legal system
now found also in the United States and in most of the member states of the Commonwealth of
Nations. Common law stands in contrast to the rules developed by the separate courts of equity (q.v.),
to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law (q.v.)
now widespread in continental Europe and elsewhere. //
Common law is the law that was developed in England after the (2) (1066), by judges who
ruled in individual cases in the light of (3) or custom, with minimal recourse to statutes or
enactments. This body of customary law continued to evolve through the end of the 18 th century in
England and its overseas colonies. Common law continues to undergo considerable modernization.
Before the Norman Conquest the law in England was administered according to local AngloSaxon custom, with the church playing a major role. // (4), in effect, created English common law
by establishing a central judiciary that administered common (that is, general) laws based on the writ
system. A (5) is a written order requiring a person to appear and provide proof of compliance with
the decision of the court or to stand trial.1
EXERCISE 4 - cloze test: fill in each gap with an appropriate missing word (the missing word is an
article, an adverb or a preposition):
Civil law, also called ROMANO-GERMANIC LAW, (1) law of continental Europe, based
on a mixture (2) Roman, German, ecclesiastical, feudal, commercial and customary law, European
civil law has been adopted in much of Latin America as well as (3) parts of Asia and Africa and is to
be distinguished from the common law of the Anglo-American countries.
The term civil law has other meanings not employed in this article. The term jus civile, meaning
civil law, for example, was used in ancient Rome (4) distinguish the law found exclusively in the
city of Rome from the jus gentium, the law of all nations found throughout the empire. The phrase has
also been used to distinguish private law, governing the relations (5) individuals, from public law
and criminal law. Finally, the national law of a country is sometimes called civil law, (6) contrast to
international law.
The French Revolution established the idea that the basis of law is statute, (7) custom.
Customs were to be tolerated as the basis of laws (8) until they were replaced by statutes. The civil
code that Napoleon enacted sought to express all laws in written language comprehensible (9) the
average citizen. It also sought to avoid ruptures (10) tradition where possible.//2
EXERCISE 5 - comprehension exercise: correct the following statements if you consider that they
are wrong:
1) Civil law tradition is older and more widespread in comparison with the common law tradition.
2) The origin of civil law tradition must be traced back to AD 450, when the Twelve Tables in Rome
were published.
1
2
3) The civil law tradition is the dominant legal tradition in the USA.
4) The civil law tradition is very much indebted to the judicial precedent.
5) The common law tradition is said to have started with the Norman Conquest (1066).
6) The common law tradition is shared by UK, USA, Canada, Australia, and New Zealand.
John Henry Merryman, Rogelie Prez-Permodo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe
and Latin America, Stanford University Press, 2007, p.1.
2
Op.cit., p.2.
3) The civil law and the common law traditions have influenced each other to a certain extent. E.g. the
Romanians have borrowed the trust1; similarly, the concept of condominium2 is created in the civil law
tradition.
Bibliography
Trust refers to the property held by one party - the trustee - for the benefit of another - the beneficiary; the party who
supplied the property for the trust is known as the settlor; Romanian translation for trust is fiducia.
2
Condominium refers to the shared sovereignty over a territory by two or more states; Romanian translation: condominiu.
3) legal advisor
4) public notary / notary public
5) bailiff
DEFINITIONS
a) This person usually defends clients in courts.
b) This person assists natural or legal persons with legal
advice on different matters (commercial, administrative
etc.).
c) This person legalizes documents, such as: diplomas,
certificates, contracts etc.
d) This person is also known as a judicial executor.
e) A lawyer who works for a business, provides legal
advice, and represents only that business in all its legal
matters.
f) In Romania, this term is used to refer to the profession
of a judge or prosecutor.
g) This person is appointed to type, file and keep the
records of the court.
h) Master of Laws (from Latin: Legum Magister)
i) Also known as doctorate
j) Bachelor of Laws (from Latin: Legum Baccalaureus)
12) undergraduate
13) graduate in law
14) postgraduate
EXERCISE 2: read the text below and then answer the following questions:
1. Mention the two prosecution systems that exist in Romania and explain their roles.
2. What is the role of the Public Ministry?
3. What are public prosecutors offices? What is their role and what categories of courts are they
attached to?
4. What does the National Anticorruption Directorate and the Directorate for Investigating Crime and
Terrorism deal with?
5. What kind of principles must prosecutors observe in accomplishing their professional tasks?
6. What is one of the roles played by the Supreme Council of Magistracy according to the text given
below?
7. What kind of matters are judges specialized in?
8. Enumerate the four categories of courts that the text mentions?
In Romania a law graduate can have the chance to occupy one of the following positions:
magistrate (prosecutor, judge), lawyer (counsel, litigator), legal advisor, public notary, bailiff (judicial
executor) and clerk.
Below you can find a presentation of each of the above mentioned professions.
Magistrates (judges and prosecutors)
In order to become a magistrate, a Romanian law graduate must pass the admission exam
to the National Institute of Magistracy and graduate the courses of this institute.
Public Prosecutors: In Romania the responsibility of criminal prosecution lies with the Public
Ministry, which is entitled to conduct criminal prosecution and supervise the criminal investigations
carried out by the police. The Public Ministry attempts to deter criminal acts, including organized
crimes, and also files claims before the courts in criminal matters. The powers of the Public Ministry
are discharged through public prosecutors and public prosecutors offices.
Romanian prosecutors can work for the civil prosecution system (responsible for the
investigation and prosecution of offences and crimes committed by civilians) or the military
prosecution system (responsible for the investigation and prosecution of offences and crimes
committed in general by military personnel). According to the Constitution of Romania, the Public
Ministry exercises its powers through prosecutors who are constituted in public prosecutors offices
which are attached to the courts of law. In Romania there are four large categories of courts of law:
courts of first instance, tribunals (including family tribunals, juvenile tribunals and military tribunals),
courts of appeal and the High Court of Cassation and Justice. Besides these courts, one has to mention
the Constitutional Court which has special powers as provided by the fundamental law of the
Romanian State.
The Romanian prosecution system includes two important departments (directorates): the
National Anticorruption Directorate and the Directorate for Investigating Crime and Terrorism.
The former one has special powers related to the investigation and prosecution of corruption cases
(such as, e.g., bribery, influence peddling, blackmail, abuse of power against public interests, fiscal
evasion) and the latter deals with cases of terrorism and organized crime.
The military prosecution system is conducted by the military prosecutors offices, which are
attached to military tribunals.
According to the Constitution of Romania prosecutor are bound to observe the principles of
legality, impartiality and hierarchical control 1. They must observe and protect human dignity and the
fundamental rights of the citizens.
The Constitution of Romania also provides that the Superior Council of Magistracy is
responsible for the promotion, transfer and dismissal of any magistrate, as well as for settling cases of
indiscipline that involve magistrates.
Judges: they play the central role in the judgment of any case for they return the verdict and
pass the sentence. During the judgment of a case judges have to decide whether the evidence is
admissible or inadmissible, they have to hear witnesses, keep order in court and, above all, observe the
law. Their task is to obey the law and adopt fair decisions. In Romania there is no jury to help judges
try a case. Romanian judges are appointed by the President of the state and they are supposed to be
irremovable. However, in order to become a judge a law graduate must pass the admission exam to the
National Institute of Magistracy and successfully graduate the courses of this institute. Afterwards
judges specialize in different matters: civil, criminal, constitutional, commercial, military, intellectual
property, fiscal etc.
The Constitution of Romania sets forth that the Superior Council of Magistracy is responsible
for the promotion, transfer and dismissal of judges (if he/she is accused of indiscipline2).
In Romania there are four levels of jurisdiction, corresponding to the four categories of courts
that exist: courts of first instance, tribunals, courts of appeal (appellate courts) and the High Court of
Cassation and Justice, which is the supreme court of justice. The Constitutional Court plays a very
important role in Romania as a democratic state. Its role is to adjudicate on the constitutionality of
laws, treaties, parliamentary standing orders etc. In other words the Constitutional Court must ensure
that laws which are passed in our country are in conformity with the provisions of the Constitution of
Romania. The High Court of Cassation and Justice is responsible for ensuring a uniform interpretation
and application of the law.
Lawyers: This liberal profession is regulated by Law no. 51/1995. Most of the lawyers pursue
their professional activity in private firms or offices. They play a key role in solving a case for it is
them who represent and defend clients before courts. Citizens who do not afford to pay a lawyer to
represent them in court are granted a lawyer ex officio.
The lawyer's profession is regulated by the National Union of the Romanian Bars (NURB). The
main roles played by this institution are: ensuring the exercise of the right to defence, professional
conduct on the part of its members, as well as protecting the dignity and honour thereof.
Legal advisers: the profession of judicial counsellor is regulated by the Union of the Judicial
Counsellors Colleges in Romania.
Public Notaries: The professional activity pursued by public notaries is regulated by Law
36/1995 on public notaries and notary activity. Romanian public notaries are members of the National
Union of Public Notaries, which safeguards and defends their members professional interests,
reputation and authority. Public notaries provide various legal services: they draw up wills and
contracts, validate the legal value of certain documents (certificates and diplomas) and prepare
documents that are necessary for setting up firms, organizations, foundations etc.
Bailiffs: they are constituted in a professional organization, which is known as The National
Union of the Judicial Executors from Romania and which safeguards its members professional
interests and defends the reputation thereof. The profession of a bailiff is regulated by Law no.
188/2000. Bailiffs pursue their activity in private offices. Their duty is to ensure the enforcement of
judgments, as well as of other writs of execution.
1
2
Clerks: the training of clerks is ensured through the National School of Clerks. In Romania
there are different types of clerks: court clerks, research clerks, statistician clerks, IT specialized clerk,
archiving clerk and Registrar clerks.
A.
Dear Sir,
Re: Commercial litigator position, Ref: 726C
I am a qualified litigator in Bucharest with relevant experience in commercial law. I should like to
apply for the position that you advertised on Bestjobs, reference 726C.
My skills and experience in commercial litigations could be an asset to your clients. I have been
working in Bucharest for Ionescu and Partners since 2008 and I have so far worked on several difficult
cases that I managed to settle to the benefit of my clients. I possess excellent drafting skills and am upto-date with relevant legislation. I also have a very good academic record, good communication skills
and an outgoing personality.
My professional goal is to develop my expertise, and to work for a law firm that encourages honest
competition for promotion and deals with high-profile clients.
My annual salary level is currently RON 60,000 and I am available to start work at 3 weeks notice to
my current employer.
My interview availability over the next 2 weeks is as follows: on Monday, Tuesday and Wednesday
starting with 5.30 pm and on Thursday and Friday starting with 4.30 pm.
Thank you for considering my application and I look forward to being able to discuss the position with
you further.
Best regards,
Toma Nicolescu
B.
Personal
information
First name(s) /
Surname(s)
Toma Nicolescu
Address(es)
72 Doamnei St
Bucharest 030052
Telephone(s)
Fax(es)
E-mail(s)
Nationality
t.nicolescu@iandpartners.ro
Romanian
Mobile:
Work
experience
Dates
Occupation or
position held
Main activities
and
responsibilities
Name and
address of
employer
Type of
business or
sector
Dates
Occupation or
position held
Main activities
and
responsibilities
2006-2008
Name and
address of
employer
Type of
Trainee Litigator
Assisting the team of commercial litigators in daily activities, particularly
in drawing up the documents that were necessary for the settlement of the
litigation.
business or
sector
Education
and training
Dates
Title of
qualification
awarded
Principal
subjects /
occupational
skills covered
Name and type
of organisation
providing
education and
training
Personal
skills and
competences
Mother
tongue(s)
Other
language(s)
Selfassessment
Romanian
English
Understanding
Speaking
Reading
European level
Listening
English
C2
Proficient
User
French
B1
Intermediate Intermediate
Basic
B1
A2
User
User
User
Social skills
and
competences
Organisational
skills and
competences
C2
Proficient
User
Spoken
interaction
Writing
C2
Spoken
production
Proficient
Proficient
C2
C2 Proficient
User
User
User
A2
Basic
User
A2
Basic
User
Computer
skills and
competences
Artistic skills
and
competences
Other skills
and
competences
Driving
licence(s)
Group B
Additional
information
Bibliography
On-line bibliography
14) stockholders
15) forfeiture
EXERCISE 2: read the text below and then answer the following questions:
1) What services do law firms offer to their clients? What areas of law do they offer these services in?
2) What is a sole practitioner?
3) What is the difference between a full partner and a non-equity partner?
4) What is a litigator? Could you indicate other synonyms for this term?
5) What is a paralegal?
6) What differences can you identify between a barrister and a solicitor?
7) What does the phrase Queens Counsel designate?
8) What does a personal injury attorney do? What about a bankruptcy attorney?
LAW FIRMS
Law firms offer a wide range of services to their clients (both national and international
individuals and organizations) in various areas: labour law (employment contracts, cases of wrongful
termination, overtime disputes, wage disputes, discrimination against employees based on age, religion,
sex, ethnical origin), insolvency law, family law (divorce cases, child custody, visitation rights,
partitions by court, child adoptions, inheritance procedure, legal regime of matrimonial goods),
criminal law, corporate & commercial law (incorporations of companies, drawing up commercial
contracts, avoiding double taxation, advice as regards the domestic tax system), intellectual property
law (patent applications, trademark registration, protection of brands, unauthorized use of mark by third
parties etc.), litigations, debt collection, real estate (foreclosures, drawing up sales contracts) etc.
Law firms provide:
- professional solutions in private and public law cases;
- consultancy to foreign investors who want to set up a business in Romania; consultancy is provided
for: starting up a business, preparing documentation for company formation (articles of incorporation /
memorandum of association, drafting the by-laws of the company), making investments, and dealing
with incorporating procedures, opening branches, including public companies;
- legal counselling in different commercial and financial matters;
- representation of clients before Romanian Courts of law.
Due to the economic crisis, debt collection is one of the most frequent activities in which a law
firm is involved. Thus, many law firms provide efficient mechanisms for debt recovery: drafting
notices, the procedure of summoning payments, forced execution procedures, etc.
Sole practitioners: some lawyers prefer to organize themselves as sole practitioners. The most
substantial advantage to being a sole practitioner is the fact that he / she enjoys the entire profit of the
business and is responsible for the day-to-day management of the firm.
Other lawyers set up law firms in which there are senior partners (equity partners and nonequity partners), associates. Law firms hire practitioners, as well as paralegals (a paralegal is a lawyers
assistant, not a practitioner in law, but trained to achieve specific legal tasks), and secretaries.
Partners in a law firm are promoted from the position of associates. There are different types
of partners. One can talk about:
General Partner / full partner: is an owner of a partnership and has unlimited liability. A
general partner is involved in the day-to-day management.
Equity partner: is a member in a partnership and is entitled to a share in the firm profits.
Non-equity partner: an employee who does not have a share in the profits of the firm.
Types of lawyers
Students in law who are non-native speakers of English find it confusing when finding a large
number of terms used to refer to the profession of a lawyer: counsel, litigator, barrister, solicitor,
Queens Counsel, attorney. However, the most common term used to refer to this profession is lawyer.
Some of the terms mentioned above are specific for USA and some for UK, while others are
internationally used. On the other hand, many terms used for defining the profession of a lawyer are
influenced by the areas in which lawyers specialize themselves.
Barristers and solicitors (BE)
In England, Wales, Canada, New Zealand, & Australia there are two distinct categories of
lawyers: barristers and solicitors.
A barrister is a member of the Bar and he / she usually pleads in court. After graduation the
barrister must work with a practicing barrister for a one year (this period is known as the
pupillage).
A solicitor is a member of the Law Society. Before becoming a practicing solicitor he is
required to work with an experienced solicitor for two years. Solicitors in general do not appear
in court for they have limited rights to practice before the courts; they "instruct" a barrister (i.e.
to offer him/her any information or documents that are necessary in the case and that are usually
known as the brief) so that the former could represent the solicitors client.
Queens Counsel (UK, Canada)
In the UK this term is used for a barrister with at least 10 years professional experience who is
bestowed the honour to occupy the highest position in the professional career of a lawyer. QCs wear a
special silk gown in court (hence the name of the process whereby they are named QC, i.e. taking the
silk). All barristers who intend to become QCs are asked to apply for this position and to undergo a
complex process of selection (involving checks of professional conduct, references from judges, other
practitioners and clients, interview); if they are successful then they are invited to attend the QC
appointment ceremony.
A litigator is specialized in criminal or civil litigation. A litigator represents his client
(plaintiff/defendant, also known as litigants) in court. He is often assisted by a paralegal.
Synonyms for litigator: trial lawyer, trial attorney, trial advocate.
Attorneys (USA): in the USA the term used to refer to a lawyers profession is attorney
(attorney-at-law). Depending on the areas in which they are specialized, attorneys are of
different types: family law attorneys (specialized in family law), estate attorneys (deal with
estate planning, draft wills), criminal defence attorneys (represent those accused of a crime: be
it a misdemeanour or a felony), personal injury attorneys (deal with workers' compensation,
exposure to hazardous materials, such as asbestos, injuries provoked by a faulty product, etc.),
business attorneys (help to run a business, draft legal contracts, advise businessmen on the legal
aspects involved by their enterprise), bankruptcy attorneys (help their clients file for
bankruptcy).
Lawyer ex officio / duty solicitor / duty counsel: If you are brought before the court and you
do not afford to pay for a counsel to represent you, you can use the services of an ex officio
lawyer (also known as duty solicitor).
III. DEVELOPING WRITING SKILLS
A) For the next seminar students are asked to choose a real Romanian / foreign law firm and
present its services, departments and, if possible, the organization chart.
Below you can find an example of an organization chart in a potential law firm on the
Romanian market.
Management
committee
Senior partners
Office
Manager
P. Simion
Receptionist
A. Ionescu
Insolvency
M.
Constantin
Forced
execution
Intellectual
property law
F. Lungeanu
A. Predescu
Junior
partner
Junior
partner
Junior
partner
V. Popa
M. Corbu
T. Preda
Secretary
Associate
Associate
Associate
M. Tomescu
G. Vaida
S. Covaci
O. Silaghi
Paralegal
Paralegal
Paralegal
V. Bratu
H. Aldea
E. Dumitru
B) CLOZE TEST
Insert a single word in the gaps below so that the sentence has sense and is grammatically correct.
Missing words are prepositions, pronouns and articles.
Sleeping beauty
This phrase is used with reference (1) any company that is said to be "sleeping;" i.e., a company
(2) is fit for takeover. A new company can be considered (3) sleeping beauty if (4) has great
potential for development and investments, which was, however, not noticed by the other businessmen;
sometimes the phrase sleeping beauty refers (5) companies which were badly managed and which
did not reach (6) full potential.
Due diligence
This phrase is basically used with two meanings: 1) it defines (7) financial investigation or the audit
of (8) investment. Due diligence is necessary whenever a company intends to make an acquisition or
a merger or a takeover; 2) due diligence also defines the degree (9) care and caution that an
organization or an individual should take (10) concluding an agreement with another organization /
individual / party.
Bibliography
Jonathan Law, Elizabeth A. Martin, A Dictionary of Law, Oxford: Oxford University Press,
2009
Laura Empson, Managing the Modern Law Firm, Oxford: Oxford University Press, 2007
Studies in Law, Politics, and Society, vol. 52, Special Issue: Law Firms, Legal Culture, and
Legal Practice, edited by Austin Sarat, Bingley: Emerald Books, 2010
The final comma used before and is known as the Oxford comma or the serial comma. There are writers and publishers
who do not use it. However, serial comma is used in Oxford Dictionaries.
Compare:
E.g.: We avoid undependable suppliers like you, in our opinion mutual trust is crucial.
E.g.: We avoid undependable suppliers, like you, in our opinion mutual trust is crucial.
[ : ] THE COLON is used:
- to introduce a list of items / a quotation:
E.g.: The DNA test revealed the following aspects: the author of the crime is a male, he acted alone, he
is probably a stout person and is left-handed.
E.g.: Article 142 of the Constitution of Romania provides that:
The Constitutional Court shall be the guarantor for the supremacy of the Constitution.
[ ; ] THE SEMICOLON is used:
- to separate parts of a sentence and to mark a pause (longer than the comma and shorter than the full
stop)
E.g.: Article 133 of the Constitution of Romania lays down that: (2) The Superior Council of
Magistracy shall consist of 19 members, of whom: a) 14 are elected in the general meetings of the
magistrates, and validated by the Senate; they shall belong to two sections, one for judges and one for
public prosecutors; the former section consists of 9 judges, and the latter of 5 public prosecutors; b) 2
representatives of the civil society, specialists in law, who enjoy a good professional and moral
reputation, elected by the Senate; these shall only participate in plenary proceedings; c) the Minister of
Justice, the president of the High Court of Cassation and Justice, and the general public prosecutor of
the Public Prosecutor's Office attached to the High Court of Cassation and Justice.
[ ? ] THE QUESTION MARK is used:
- at the end of direct questions:
E.g.: What is the rule of law?
- the question mark is NEVER used at the end of indirect questions:
The paralegal asked the lawyer when he had to hand in the brief.
[ ! ] THE EXCLAMATION MARK is used:
- to mark an exclamation, a wonder/surprise, an order or to indicate anger etc.
E.g.: What a wonderful speech you have made!
That's impossible!
Do not disobey the orders!
Thats enough!
[ - ] THE HYPHEN is often used:
- to form compound words (up-to-date, state-of-the-art) and numbers (sixty-one);
- after numbers which are part of an adjectival phrase (five-star hotel, a 30-year old man);
- to avoid ambiguity: compare:
E.g.: If the patient feels cold, it is important to re-cover him.
E.g.: Doctors hope he will recover in a month.
[ ] THE DASH can separate a comment from the rest of the sentence:
Probably you think he is one of the accomplices to this crime well, he isnt.
[ ] THE APOSTROPHE is used:
- to mark the Saxon genitive: Marks words, Joans statement;
- to mark contracted forms of verbs (e.g. is, has, can, must, should, will etc.):
E.g.: Hes a renowned judge. Hes got a lot of experience as a bankruptcy judge.
- to indicate a decade: The 1980s were very difficult in Romania.
! The use of the apostrophe with proper nouns ending in s:
It is correct to say both Ch. Dickens books and Ch. Dickens's books.
[ / ] THE SLASH is used to separate synonyms or alternative words
E.g.: The sanction applied for this type of offence is the fine / imprisonment.
[ ] QUOTATION MARKS are used:
- to mark direct speech:
E.g.: Next month we will face another wave of demonstrations and strikes, the Minister said.
- to emphasize the figurative meaning of a word in a certain context (this is also true about idiomatic
expressions):
E.g.: Sometimes bribers appreciate that the bribe they offer stimulates the official they try to corrupt
into doing certain illegal acts.
E.g.: I understand what you mean since we are all in the same boat.
- to mark a quotation from a book:
E.g.: Article 146 of the Romanian Constitution stipulates that: The Constitutional Court shall have the
following powers: a) to adjudicate on the constitutionality of laws, before the promulgation thereof
upon notification by the President of Romania, one of the presidents of the two Chambers, the
Government, the High Court of Cassation and Justice, the Advocate of the People, a number of at least
50 deputies or at least 25 senators, as well as ex officio, on initiatives to revise the Constitution; //.
- to mark the title of a chapter in a book or of an article in a journal when giving bibliographic details:
E.g.: Erika RTH, Ensuring uniform administration of law in criminal matters the Hungarian way,
n LESIJ-Lex ET Scientia. International Journal, vol.1, XVII (2010): 41-51.
( ) ROUND BRACKETS OR PARENTHESES usually separate extra information from the rest of a
sentence:
E.g.: The Superior Council of Magistracy has two sections: one for judges (made up of 9 judges) and
one for prosecutors (made up of 5 prosecutors).
[ ] SQUARE BRACKETS can enclose editorial comments or information that the editor regards as
essential for understanding a text properly.
E.g.: After giving the asked details he [the witness] refused to talk about his accomplice.
II.2. LEGAL DOCUMENTS AND PUNCTUATION MARKS
Insert the punctuation marks that are missing in the following text:
POWER OF ATTORNEY1
BE IT KNOWN that I Ana Goma the undersigned Grantor1, resident of (Street Address) 145
Academiei Street City of Bucharest County of -., do hereby appoint Marius Cosma, a resident(s)
1
of 46 Mihai Viteazul Street City of Brasov County of Brasov, as my lawful attorney-in-fact2, granting
him full and unlimited power as well as the authority to perform any act / thing which he may consider
necessary and in compliance with all intents and purposes of the Grantor if I the latter could do if
personally present; the attorney in fact fully enjoys power of substitution and I commit to ratify or
confirm anything that my appointee does by virtue of this power of attorney.
Dated this 23rd day of June, 2013, I hereby agree to accept the appointment as Attorney-in-fact,
pursuant to the foregoing Power of Attorney.
.
Appointee's Signature
IN WITNESS WHEREOF I / WE have hereunto set my hand and seal this 23rd day of June, 2013.
..
Grantors Signature
..
Notary Public - Print or type name
III. DEVELOPING VOCABULARY SKILLS TERMS AND PHRASES USED IN
TESTAMENTS
Match the terms and phrases on the left to their definitions on the right:
1) to bequeath
2) forced heirs3
3) nuncupative will4
4) residuary legatee5
5) testator
6) executor of will
7) intestate
8) intestacy
9) testacy
Grantor = mandant.
Attorney-in-fact = mandatar.
3
Forced heirs = mostenitori rezervatari.
4
Nuncupative will = testament nuncupativ (sau testament verbal; aceast form de testament este lovit de nulitate
absolut).
5
Residuary legatee = legatar cu titlu universal.
2
EXERCISE 2: translate the following contract into Romanian and insert the missing punctuation
marks where necessary:
Sale of Goods Contract
The present contract is concluded today 20th October 2013 by and between International IT Solutions
(hereinafter referred to as the Seller) having the premises at 2 M. Eminescu Street, sector 2 Bucharest
and Ionescu and the Associates (hereinafter referred to as the Buyer) having the premises at 10 Polona
Street sector 2 Bucharest for the purchase of the following goods
Quantity
3 laptops
Item Code
Intel Core i7-3632QM
Description
Price
8GB, 750 GB, AMD 2999 RON
Radeon
HD
7650@2GB, USB 3.0,
HDMI
Clause 1:
This contract shall come into force on 20th October 2013 and shall end on the date when the 3 above
specified laptops are delivered by the Seller the two parties to the present contract have agreed to have
the products delivered on 25th October 2013. In case the Buyer is in arrears with payment the Seller is
entitled to cancel the present Contract and take legal action for damages while also seeking to oblige
the Buyer pay the counsel fees.
Clause 2:
If the purchased goods are lost or damaged, the Seller shall cover the damage caused to the three
purchased goods due to the Sellers negligence. Furthermore the Buyer has the obligation to inspect the
ordered goods upon receipt and to inform the Seller about any claim for damages related to the quality
or condition of the delivered goods within 48 hours after the delivery was made.
Clause 3:
The Buyer shall pay for the purchased goods within two weeks after they are delivered. In case the
invoice is overdue the buyer will have to pay penalties of 3% / day for the total costs implied by this
transaction.
Clause 4:
Warranty is offered for the purchased goods for 2 years. The Seller shall sell only new goods which are
in perfect condition. However if any technical problem prevents the delivered goods from properly
functioning and the Buyer is not to blame for this flaw, the Seller shall replace the delivered product
with another one or repair the existing problem.
Clause 5:
Sales taxes shall be paid by the Buyer.
Clause 6:
Any potential litigation shall be settled in an amiable way and if this is not possible then each party
may take legal action against the other one for seeking redress.
Clause 7:
In case of circumstances that are beyond its control (such as force majeure events), the Seller may
postpone the delivery of the purchased goods on condition that he notifies the Buyer in writing for
establishing another delivery date.
Clause 8:
The present contract contains the entire agreement between the two parties and it is binding upon them
or their representatives. Any subsequent modification to this contract may be made only with both
parties consent, in writing and by signing it in order to indicate agreement with it.
Seller
Buyer
(stamp, signature)
..
(date)
(stamp, signature)
..
(date)
Recommended bibliography
On-line bibliography
SECTION 2
THE ROMANIAN LEGAL SYSTEM
BASIC PRINCIPLES
6) law
7) term of office
8) office
9) thereof
10) to aggrieve
11) binding
12) natural person
13) to impugn
14) referral
a) to challenge as false
b) the Advocate of the People
c) the draft of a law
d) to cancel
e) rule set forth by the legislative of a country in order to regulate the
behaviour of the community members, the organization and functioning
of the state institutions, political system, system of taxation etc.
f) the period for which a position may be held
g) position within a company, institution, body etc.
h) to modify, to make different in content
i) to damage
j) of it / of that / of those
k) notification (of the court)
l) compulsory
m) to pass
n) physical person
EXERCISE 2: fill in the gaps with the following terms: natural persons' rights and freedoms;
appointed; powers; binding; thereof; aggrieved; rights and freedoms; organic; offices.
ARTICLE 58
(1) The Advocate of the People shall be (i) for a term of office of 5 years, in order to defend the
(ii). The Advocate of the People's deputies shall be specialized per fields of activity.
(2) The Advocate of the People and his/her deputies shall not perform any other public or private
(iii), except for teaching positions in higher education.
(3) The organization and functioning of the Advocate of the People institution shall be regulated by an
(iv) law.1
ARTICLE 59
(1) The Advocate of the People shall exercise his (v) ex officio or at the request of persons (vi)
in their rights and freedoms, within the limits established by law.
(2) It is (vii) upon the public authorities to give the Advocate of the People the necessary support in
the exercise of his powers.2
ARTICLE 60
The Advocate of the People shall report before the two Parliament Chambers, annually or at the
request (viii). The reports my contain recommendations on legislation or measures of any other
nature for the defence of the citizens' (ix).3
EXERCISE 3
A. Read the following texts (TEXT I below and TEXT II included in section B. on the next page) and
then answer the following questions:
intervene ex officio or it may be notified by any person whose rights and freedoms were aggrieved by
Romanian authorities.
(The above summary is based on The Romanian Constitution, 2003, Articles 58, 59, 60)
B. Explain the bolded words in the second text. If necessary, use a dictionary to translate them:
TEXT II
Although the ombudsman in its contemporary form dates back to the Swedish ombudsman of
1809, the institution only began to spread outside Scandinavia starting in the 1960s. The ombudsman is
a public sector institution, preferably established by the legislative branch of government, to supervise
the administrative activities of the executive branch. The ombudsman receives and investigates
impartially complaints from the public concerning the conduct of government administration. The
traditional ombudsman model that has proved most popular is based on the offices established in the
western Scandinavian countries of Denmark and Norway, which do not have the power to investigate
the judiciary or prosecute officials. The general objectives of the ombudsman are the improvement of
the performance of the public administration and the enhancement of government accountability to
the public. // Most ombudsman offices have been established in states with democratic forms of
government. In such a government the ombudsman operates as another check on the power of the
executive/administrative branch, in addition to the controls exercised by the legislature, the courts and
other public sector institutions. Functioning as a complement or supplement to courts and
administrative tribunals, some advantages of the ombudsman relative to other public sector dispute
resolution mechanisms are its informality, speed and accessibility. One element of its accessibility is
that use of the institution is free of charge to complainants.
The ombudsman is a mechanism which enhances transparency in government and democratic
accountability, with the result that it assists in building good governance in a state. Also, some
ombudsman institutions are hybrids. One variation is the human rights ombudsman which has both
administrative oversight and human rights protection functions. With other variations, ombudsmen
may be given mandates including anti-corruption, leadership code enforcement and / or environmental
protection functions. Further, even the classical ombudsman can and does resolve some complaints
with human rights aspects. Thus, both classical and human rights ombudsman institutions play roles in
domestic human rights protection and promotion. The human rights norms involved may be derived
from the international human rights obligations of the state concerned, with the result that the
ombudsman acts as a domestic non-judicial institution for the implementation of international human
rights law. // The definition quoted by the author of the book for classical ombudsman is <<an office
provided for the constitution or by action of the legislature or parliament and headed by an
independent, high-level public official who is responsible to the legislature or parliament, who receives
complaints from aggrieved persons against government agencies, officials, and employees or who acts
on his own motion and who has the power to investigate, recommend corrective action and issue
reports. >>1
Linda C. Reif, The Ombudsman, Good Governance and the International Human Rights System, Martinus Nijhoff
Publishers: Netherlands, 2004, p. 1-3.
1
2
Helpful vocabulary:
- nclcri ale drepturilor omului = violations of human rights
- abuz svrit de procurori = abuse committed by prosecutors
- locul de detenie = confinement place / detention place
- sesizat = notified
- n temeiul art. 18 = under Article 18
- Legea nr. 35/1997 privind organizarea i funcionarea instituiei Avocatul Poporului = Law no.
35/1997 on the organization and functioning of the Advocate of the People Institution
- a fi supus ateniei Procurorului General al Parchetului de pe lng nalta Curte de Casaie i Justiie =
to be brought to the attention of the General Prosecutor of the Public Prosecutors Office attached to
the High Court of Cassation and Justice
- dispoziiile legale aplicabile n materie = legal provisions applicable in the matter
- petent = petitioner
- neacordarea consilierii psihologice = lack of psychological advice
- serviciul special de intervenie = special intervention service
- s-a efectuat o anchet = an inquiry had been made
- arestat preventiv ntr-un Centru de Reinere i Arestare Preventiv = preventively detained in a Centre
for Detention and Apprehension
- Direcia General de Poliie a Municipiului Bucureti = the General Police Directorate of the
Bucharest Municipality
- escortat = transported.
Bibliography
Online bibliography
a) unique
b) vote
c) to be considered responsible for
d) to be provided, to be set forth, to be stipulated
e) the Senate, in the Romanian Parliament
f) the Chamber of Deputies, in the Romanian Parliament
g) to be remanded in custody
h) stipulations
i) Members of Parliament
j) to be judged
k) crime
l) the Rules concerning the organization and functioning of the two
parliamentary chambers
m) the competence of a court to judge certain cases (criminal, civil,
commercial, administrative cases etc.)
n) legislative body
o) the yearly repeated sitting together of a legislature; usually, there
are two parliamentary sessions every year
p) a term used to refer to the organization of public prosecutors in
Public Prosecutors Offices which are attached to the court of justice
r) to stop
EXERCISE 2: read the text in section B., and then answer the questions in section A.
A.
1. Enumerate the bureaus and committees set up in the Romanian Parliament and then translate their
names into Romanian.
2. What is the term of office for senators and deputies in Romania? Can their terms be prolonged? If
yes, under what conditions?
3. How is the number of MPs established in the Romanian Parliament?
4. How many parliamentary sessions are there and when are they generally held?
5. May Romanian MPs be investigated or prosecuted? If yes, under what conditions? Who can
investigate a case in which a deputy/senator is supposed to be guilty of having committed a crime?
6. What court of justice has jurisdiction to try a case in which a deputy/senator is involved?
B. THE ROMANIAN LEGISLATIVE POWER
In our country, the legislative is represented by the Romanian Parliament, which is composed of
two chambers: the Chamber of Deputies (the Lower House) and the Senate (the Upper House) and is
the sole law-making body in our country. Thus, the Parliament is entitled to enact, repeal and alter laws
according to the provisions of the law.
Deputies and Senators are elected for a term of four years by free, equal, direct, secret and
universal suffrage. The term of office that senators and deputies have may be prolonged in case of war,
emergency or mobilization. The organization of elections is laid down in the electoral law. The number
of deputies and senators is proportional to the Romanian population.
In Romania there are two parliamentary ordinary sessions: the first one lasts from February
until June and the second one from September until December. Extraordinary sessions may be
organized at the request of the President of Romania or the Standing Bureau of each Chamber or at the
request of at least a third of the number of Senators or Deputies.
The organization and functioning of the Romanian law-making body are set forth in its
Standing Orders. Thus, each Chamber has its own Standing Bureau and Standing Committees. They
may set up inquiry committees, joint committees or other special committees.
Deputies and Senators may be criminally investigated or prosecuted for any acts which are not
in connection with their political orientation or their votes. However, senators and deputies may be
searched, detained or arrested only with the approval of their Chamber and only after they are heard.
The Public Prosecutor's Office attached to the High Court of Cassation and Justice is entitled to
investigate the case and prosecute the senator or deputy held accountable for committing an offence. If
the Chamber expresses its consent for the MP to be tried, the jurisdiction over the case lies with the
High Court of Cassation and Justice.
EXERCISE 3: fill in the gaps in the text below with the following words: bills or legislative
proposals; shall be held; are entitled to; under; fail; suffrage; sole; term of office; upon convening;
undergo.
ARTICLE 61:
(1) Parliament is the supreme representative body of the Romanian people and the (a) legislative
authority of the country.
(2) Parliament consists of the Chamber of Deputies and the Senate.1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c1s1a61 - accessed
ARTICLE 62
(1) The Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret and free
(b), in accordance with the electoral law.
(2) Organizations of citizens belonging to national minorities, which (c) to obtain the number of
votes for representation in Parliament, have the right to one Deputy seat each, (d) the terms of the
electoral law. Citizens of a national minority (e) be represented by one organization only.
(3) The number of Deputies and Senators shall be established by the electoral law, in proportion to the
population of Romania.1
ARTICLE 63
(1) The Chamber of Deputies and the Senate shall be elected for a (f) of 4 years, which may be
extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to
exist.
(2) Elections to the Chamber of Deputies and the Senate (g) within three months at the most of the
expiry of the term of office or the Parliament dissolution.
(3) The newly elected Parliament shall meet (h) by the President of Romania, within twenty days of
the elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this
period, the Constitution shall not (i) any revision, nor shall any organic laws be passed, amended or
repealed.
(5) (j) entered on the agenda of the preceding Parliament shall be carried over in the session of the
new Parliament.2 (Constitution of Romania, 2003)
III. DEVELOPING TRANSLATION SKILLS EXERCISE
The fragments included below are based on the provisions of the Romanian Constitution
(2003). After reading the fragments given in the charts on the next page (in which English and
Romanian excerpts are organized as parallel texts), translate the following sentences:
1. Parlamentul Romniei este bicameral. Cele dou Camere ale Parlamentului Romniei sunt: Senatul
i Camera Deputailor.
2. Cele dou camere parlamentare se ntrunesc n sesiuni ordinare i extraordinare. Sesiunile ordinare
se in din februarie pn la 1 iulie i din septembrie pn la sfritul lui decembrie.
3. Sesiunile extraordinare se in la cererea Preedintelui rii sau a birourilor permanente ale camerelor
sau la solicitarea a minimum o treime din senatori i deputai.
4. Reinerea, percheziionarea sau arestarea unui membru al Parlamentului se pot face doar cu acordul
camerei din care acesta face parte.
5. Membrii Parlamentului pot fi urmrii penal sau trimii n judecat penal numai de ctre Parchetul
de pe lng nalta Curte de Casaie i Justiie. n cazul n care un membru al Parlamentului este trimis
n judecat penal, jurisdicia pentru soluionarea cauzei respective i revine naltei Curi de Casaie i
Justiie.
ARTICLE 66
ARTICOLUL 66
(1) The Chamber of Deputies and the Senate (1) Camera Deputailor i Senatul se ntrunesc
shall meet in two ordinary sessions every year. n dou sesiuni ordinare pe an. Prima sesiune
1
2
Idem.
Idem.
ARTICLE 72
ARTICOLUL 72
Idem.
Idem.
3
Idem.
4
Idem.
2
Bibliography
Online bibliography
2) bodies
3) dismissal
4) joint sitting
5) foreign policy
6) to appoint
7) domestic policy
8) to issue
9) politics
10) resignation
11) to grant
EXERCISE 2: read the text in section B. and then answer the questions in section A.:
A.
1. What is the executive power represented by?
2. What is a governing programme?
3. What is a policy?
4. Who appoints the Government in Romania?
5. What is the role of the Government in the Romanian state?
6. What is a substantiation note?
7. What is the role of the Official Gazette of Romania?
B. THE ROMANIAN GOVERNMENT
In our country the executive power is represented by the Romanian Government, i.e. by the
Prime Minister and the Cabinet of Ministers, simply known as the Cabinet. The President of Romania
appoints the Government and the Parliament must grant a vote of confidence to the newly appointed
representatives of the executive power.
Each government comes with a governing programme that is applied through a set of policies
(economic, educational, agricultural, environmental, financial etc.) which are considered fit for the
good administration of the state. The Government is responsible for ensuring the achievement of
Romanias domestic and foreign policy.
The organization and functioning of the Government are set forth by the Constitution and must
comply with the Government program approved by Parliament.
Besides administering the states domestic and foreign affairs, the Government also adopts
decisions and ordinances. Once adopted decisions and ordinances are signed by the Prime Minister and
countersigned by the Ministers who are assigned to implement them. Finally, decisions and ordinances
are published in the Official Gazette of Romania.
The Government may initiate legislation (draft legislative acts) after drawing up substantiation
notes (= note de fundamentare), which present and motivate proposed decisions and ordinances.
EXERCISE 3: fill in the gaps with the following words / phrases: bodies, debated upon, organic law,
ensure, exercise, seek, designate:
ARTICLE 102
(1) The Government shall, in accordance with its government programme accepted by Parliament,
(a) the implementation of the domestic and foreign policy of the country, and exercise the general
management of public administration.
(2) In the (b) of its powers, the Government shall co-operate with the social (c) concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an
... (d).1
ARTICLE 103
(1) The President of Romania shall (e) a candidate to the office of Prime Minister, as a result of his
consultation with the party which has obtained absolute majority in Parliament, or -unless such
majority exists - with the parties represented in Parliament.
1
(2) The candidate to the office of Prime Minister shall, within ten days of his designation, (f) the
vote of confidence of Parliament upon the programme and complete list of the Government.
(3) The programme and list of the Government shall be (g) by the Chamber of Deputies and the
Senate, in joint sitting. Parliament shall grant confidence to the Government by a majority vote of the
Deputies and Senators.1
III. DEVELOPING TRANSLATION SKILLS
After reading the fragments given in the charts below (which are quoted from the Romanian
Constitution, 2003), translate the following sentences:
1. Conducerea i coordonarea activitii membrilor Guvernului i revin ca sarcini Primului Ministru.
2. n urma scandalului de corupie n care a fost implicat, Ministrul Educaiei a fost revocat din funcie.
3. n temeiul unei legi speciale de abilitare, Guvernul poate emite ordonane.
4. Guvernul adopt hotrri n vederea organizrii executrii legilor.
5. Dup ce sunt semnate de Primul Ministru i constrasemnate de minitrii care urmeaz s le aplice,
ordonanele i hotrrile adoptate de Guvern sunt tiprite n Monitorul Oficial al Romniei.
6. Dac o hotrre de guvern sau o ordonan nu este publicat n Monitorul Oficial, acest fapt atrage
dup sine inexistena respectivei hotrri / ordonane.
7. Dac un membru al Guvernului i pierde drepturile electorale, funcia de membru al Guvernului
deinut de acesta nceteaz.
ARTICOLUL 106
Funcia de membru al Guvernului nceteaz n
urma demisiei, a revocrii, a pierderii
drepturilor electorale, a strii de
incompatibilitate, a decesului, precum i n alte
cazuri prevzute de lege.
ARTICOLUL 107
(1) Primul-ministru conduce Guvernul i
coordoneaz activitatea membrilor acestuia,
respectnd atribuiile ce le revin. De asemenea,
prezint Camerei Deputailor sau Senatului
rapoarte i declaraii cu privire la politica
Guvernului, care se dezbat cu prioritate.
(2) Preedintele Romniei nu l poate revoca pe
primul-ministru.
ARTICLE 106
Membership of the Government shall cease
upon
resignation,
dismissal,
disenfranchisement, incompatibility, death, or
in any other cases provided by law.
ARTICOLUL 108
ARTICLE 107
(1) The Prime Minister shall direct
Government actions and co-ordinate activities
of its members, with the observance of the
powers and duties incumbent on them.
Likewise, he shall submit to the Chamber of
Deputies or the Senate reports and statements
on Government policy, to be debated with
priority.
(2) The President of Romania cannot dismiss
the Prime Minister.
ARTICLE 108
Idem.
Bibliography
Online bibliography
accessed
on
5th
a) lawyer
b) this person sees that a forced execution is applied
c) which cannot be removed from office outside a special
procedure
d) this person delivers judgments in a trial / lawsuit
e) this person is responsible with collecting evidence that can
be used in a trial for prosecuting a criminal (an offender)
f) refers to the competence of a judge to solve certain causes
g) the powers of this Ministry are discharged through public
prosecutors
h) these offices are entitled to conduct and supervise criminal
investigation activities
i)) the act of quashing a former judicial decision
j) a special procedure (rule) according to which cases are
judged
k) a public position
l) suggestions made for appointment in a certain position
m) this phrase means that a person / decision must comply
with the law
n) according to the law (in accordance with the law / in
conformity with the law)
b) subject to, dependent on, under the control of, insubordinate to;
c) irremovable, tenured, dismissible, ineradicable;
d) autonomous, independent, self-governing, subordinate;
e) appoint, nominate, charge, dismiss;
f) incompatible, contrary, antagonistic, congenial;
g) annulment, cancellation, cassation, approval;
h) control, authority, power, incapacity;
i) undertake, guarantee, stipulate, omit;
j) set up, establish, build, abolish;
k) contentious, quarrelsome, controversial, peaceful.
EXERCISE 3: complete the following table with as many words as possible (paying attention to the
indicated part of speech):
Noun
(object, concept)
Noun
(person)
Verb
Adjective
Adverb
part
movement
removal
appointment
independence
Party
to part
move, remove
impartial
impartially
sovereignty
sovereign
competence
jurisdiction
proposal
incompatibility
magistracy
magistrate
cassation
constitution
administration
administrator
appoint
to be/become
independent
to be/become
sovereign
to be/become
competent
to have jurisdiction
propose
to be incompatible
with
to work as a
magistrate;
to work at the
Superior Council of
Magistracy
cassate
constitute
administrate
independently
unconstitutional
administrative
constitutionally
administratively
EXERCISE 4: fill in the gaps with the following words / phrases: the High Court of Cassation and
Justice, incompatible, jurisdiction, provide, appointment proposals, irremovable, impartial, rendered,
subject only to the law:
ARTICLE 124
(1) Justice shall be (a) in the name of the law.
th
2. Which is the highest court in Romanian? What are the sections of the highest court?
3. What is the role of the courts of appeal?
4. What courts of law are the most numerous in Romania? Where are they set up?
5. What is a public prosecutors office constituted of?
B. In Romania the High Court of Cassation and Justice (hereinafter referred to as HCCJ) is the highest
court of law. This court must ensure a unitary application and interpretation of the law in Romania. The
HCCJ administers justice through all the other courts of law that are set up on the Romanian territory.
The judiciary comprises:
- The High Court of Cassation and Justice, which has 4 sections: (civil and intellectual property,
criminal, commercial and fiscal and administrative claims);
- 15 courts of appeal (which have sections and specialized panels for: civil / criminal / administrative /
commercial etc. cases);
- 42 tribunals (each county has a tribunal); tribunals have sections and specialized panels for: civil /
criminal / administrative / commercial, etc. cases;
- 4 specialized tribunals (Braov Tribunal for minors and family cases, Cluj Commercial Tribunal,
Mure Commercial Tribunal and Arge Commercial Tribunal);
- 177 courts of first instance (they are organized at county level and in the sectors of Bucharest).
Every court of law has a president (or chief justice), while court sections are run by a section
president.
A prosecutors office is attached to every court of appeal and it consists of public prosecutors.
C. SUMMARY OF THE UNIT
According to the Constitution of Romanian (2003) and Law no. 304/2004 on the Organization
of the Judiciary (published in the Official Gazette of Romania, 29th June 2004), the High Court of
Cassation and Justice is the supreme court of the Romanian State. In our country justice is administered
by the High Court of Cassation and Justice, courts of appeal, tribunals, specialized courts (e.g. military
courts, juvenile courts) and courts of first instance.
According to the above mentioned legal sources, judges are appointed by the President of the
State and are irremovable. This means that they cannot be removed from office without a special
procedure. On the other hand, in Romania, according to Article 125 of the Constitution, the
responsibility to propose, promote, transfer or sanction judges lies with the Superior Court of
Magistracy.
The fundamental law of the state stipulates that any person is entitled to take legal action
whenever he/she considers that his/her rights/freedoms were aggrieved. Thus, as Article 126 lays down,
if a person is aggrieved by a statutory order or by certain provisions in statutory orders that are proved
to be unconstitutional, that person has the right to bring a case before administrative courts that judge
contentious business.
III. DEVELOPING TRANSLATION SKILLS
EXERCISE 1: translate the following sentences:
1. n Romnia, judectorii sunt numii de preedinte i sunt inamovibili.
2. Judectorii sunt independeni i se supun doar legii.
3. Instana suprem din Romnia, nalta Curte de Casaie i Justiie (ICCJ), are sediul n Bucureti.
4. ICCJ are patru secii : Secia Civil i de Proprietate Intelectual, Secia Comercial, Secia Penal i
Secia de Contencios Administrativ i Fiscal.
ARTICLE 133
Bibliography
Online bibliography
5th
-
promoter
domination
tenure
expand
expertise
stipulation
to issue
agreement
litigation
warrantor
mastery
incumbency
enlarge
skill
proviso
to decide
covenant
conflict
safeguard
obedience
realty
shorten
ignorance
removal
to rule
dispute
settlement
EXERCISE 2: complete the following table with as many words as possible (paying attention to the
indicated part of speech):
Noun object / Noun - person
notion
supremacy
guarantee
guarantor
tenure
stipulation
litigation
litigator
rule
ruler
ruling
agreement
incumbency
Verb
Adjective
to be supreme
to guarantee
supreme
to stipulate
to rule
to agree
to be incumbent incumbent
Adverb
provision
provider
on/upon
to provide
to adjudicate
provisory
EXERCISE 3: read the summary of the unit below and then correct the mistakes you identify in the
following sentences:
1. The Romanian Parliament is entitled to adjudicate on the constitutionality of the laws it passes.
2. The President of Romania is compelled to promulgate the laws as soon as they are passed by
Parliament.
3. The 9 judges of the Constitutional Court are entitled to hold other public or private offices, including
academic positions.
4. Before laws are promulgated by the President of the State, the Constitutional Court must adjudicate
on the constitutionality of the laws passed by the Romanian Parliament.
5. The Constitutional Court is not entitled to settle constitutional disputes that may arise between public
authorities upon notification by the President of the state or the Presidents of the Chamber of Deputies /
the Senate.
SUMMARY OF THE UNIT
In Romania, there functions a special court of justice, i.e. the Constitutional Court. This
institution guarantees the constitutionality of the laws that are passed by the Parliament before they are
promulgated by the President, as well as the constitutionality of ordinances, treaties, of the
parliamentary Standing Orders etc. In order to accomplish this task, the Constitutional Court can be
notified by the Romanian President, the President of the Senate/the Chamber of Deputies, the Advocate
of the People, the Government, the High Court of Cassation and Justice or by a number of at least 50
deputies or 25 senators. Similarly, the Constitutional Court can adjudicate on the constitutionality of
laws, ordinances, treaties etc. ex officio.
The Constitutional Court is also entitled to adjudicate on the constitutionality of the
parliamentary Standing Orders. For accomplishing this goal, the Constitutional Court may be notified
by a number of at least 50 deputies/25 senators or by the President of the Senate/of the Chamber of
Deputies.
In case constitutional disputes arise between public authorities, they are solved by the
Constitutional Court.
The Constitutional Court plays another important role in our democratic society, i.e. it ensures a
fair observance of the procedures for electing the President of the State and it confirms the ballot
returns.
In case the President of Romania is going to be suspended from office, the Constitutional Court
is entitled to give advisory opinion as regards this proposal.
Moreover, the Constitutional Court must make sure that referendums are organized and held in
accordance with the law.
Objections of unconstitutionality are also solved by the Constitutional Court.
EXERCISE 4
a) translate the following terms and then use them to fill in the gaps below: thereof; Standing Orders
of Parliament; guarantor; appointed:
ARTICLE 142
(1) The Constitutional Court shall be the (i) for the supremacy of the Constitution.
(2) The Constitutional Court consists of nine judges (ii) for a term of office of nine years that cannot
be prolonged or renewed.
(3) Three judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the
President of Romania.
(4) The judges of the Constitutional Court shall elect, by secret vote, the president (iii), for a term of
office of three years.
(5) The Constitutional Court shall be renewed by one third of its judges every three years, in
accordance with the (iv) of the Court's organic law.1
b) translate the following terms and then use them to fill in the gaps below: upon notification by; the
objection as to the unconstitutionality; to give advisory opinion; to guard the observance of the
procedure; provisions; to adjudicate on;
ARTICLE 146
The Constitutional Court shall have the following powers:
a) (i) the constitutionality of laws, before the promulgation thereof upon notification by the
President of Romania, one of the presidents of the two Chambers, the Government, the High Court of
Cassation and Justice, the Advocate of the People, a number of at least 50 deputies or at least 25
senators, as well as ex officio, on initiatives to revise the Constitution;
b) to adjudicate on the constitutionality of treaties or other international agreements, (ii) one of the
presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators;
c) to adjudicate on the constitutionality of the (iii), upon notification by the president of either
Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators;
d) to decide on the objection as to the unconstitutionality of laws and ordinances, brought up before
courts of law or commercial arbitration; (iv) may also be brought up directly by the advocate of the
People;
e) to solve legal disputes of a constitutional nature between public authorities, at the request of the
President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the
president of the Superior Council of Magistracy;
f) (v) for the election of the President of Romania and to confirm the ballot returns;
g) to ascertain the circumstances which justify the interim in the exercise of the office of President of
Romania,
and
to
report
its
findings
to
Parliament
and
the
Government;
h) (vi) on the proposal to suspend from office the President of Romania;
l) to guard the observance of the procedure for the organization and holding of a referendum, and to
confirm its returns;
j) to check the compliance with the conditions for the exercise of the legislative initiative by citizens;
k) to decide on the objections of unconstitutionality of a political party;
l) to carry out also other duties stipulated by the organic law of the Court.2 (Constitution of Romania)
III. DEVELOPING WRITING SKILLS
1) Read articles 142, 143, 144, 145 and 146 and make a straightforward presentation of the role,
structure and powers of the Romanian Constitutional Court.
Preparatory stage:
1
2
- identify key legal terms in the above mentioned articles (e.g. to adjudicate, constitutionality, to
ascertain, upon notification by, to solve legal disputes, to give advisory opinion, compliance with,
objections of unconstitutionality), and identify their Romanian translation in the context;
- identify the main ideas that are relevant for the presentation;
- try to find out whether other European country states also have a constitutional court and mention at
least three states that have a special court with jurisdiction on constitutional matters.
2) After filling in the gaps with words derived from the terms given on the right, read the text below,
which represents an introduction to the role played by the Venice Commission, and try to find
information about the constitutional assistance offered by the European Commission for Democracy
through Law (which is the official name for the Venice Commission).
THE VENICE COMMISSION
The European Commission for Democracy through Law, better known as the
Venice Commission, is the Council of Europe's (1) body on constitutional
matters.
Established in 1990, the commission has played a leading role in the adoption
of constitutions that conform to the standards of Europe's (2) heritage.
Initially conceived as a tool for emergency constitutional engineering, the
commission has become an (3) recognized independent legal think-tank.
Today it contributes to the (4) of the European constitutional heritage,
based on the continent's fundamental legal values while continuing to provide
constitutional first-aid to individual states.
The Venice Commission also plays a unique and (5) role in crisis
management and conflict prevention through constitution building and advice.
//
The members are senior academics, (6) in the fields of constitutional or
international law, supreme or constitutional court judges or members of
national parliaments.
(7) on the commission in their individual capacity, the members are
appointed for four years by the participating countries. Since December 2009
the president of the Commission is Mr Gianni Buquicchio.1
ADVISE
CONSTITUTION
INTERNATIONAL
DISSEMINATE
RIVAL
PARTICULAR
ACT
Bibliography
Online bibliography
http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th July 2012
1
SECTION 3
PUBLIC ADMINISTRATION IN ROMANIA
EXERCISE 2
a) Fill in the gaps with the following terms:
set up; an organic law; acknowledges; authorities; in subordination to:
1
2
Eoin Carolan, The New Separation of Powers. A Theory for the Modern State, Oxford: OUP, 2009, p.6.
Criminal expungement is translated into Romanian as reabilitare penal.
ARTICLE 116
(1) Ministries shall be organized only (i) the Government.
(2) Other specialized agencies may be organized in subordination to the Government or Ministries, or
as autonomous administrative (ii).1
ARTICLE 117
(1) Ministries shall be (iii), organized, and shall function in accordance with the law.
(2) The Government and Ministries may, on the authorization of the Court of Audit, set up specialized
agencies in their subordination, but only if the law (iv) the competence thereof.
(3) Autonomous administrative authorities may be established by (v).2
b) Fill in the gaps with the following terms or phrases:
- implemented;
- provision shall be made for;
- decentralization, local autonomy, and deconcentration of public services;
- in the territorial-administrative subdivisions of municipalities;
- manage public affairs.
ARTICLE 120
(1) The public administration in territorial-administrative units shall be based on the principles of
(i).
(2) In the territorial-administrative units where citizens belonging to a national minority have a
significant weight, (ii) the oral and written use of that national minority's language in the relations
with the local public administration authorities and the decentralized public services, under the terms
stipulated by the organic law.3
ARTICLE 121
(1) The public administration authorities, by which local autonomy in communes and towns is (iii),
shall be the Local Councils and Mayors elected, in accordance with the law.
(2) The local Councils and Mayors shall act as autonomous administrative authorities and (iv) in
communes and towns, in accordance with the law.
(3) Authorities under paragraph (1) may also be set up (v).4
c) Fill in the gaps with the following terms: by an organic law; de jure; decentralized public services;
an act of the County Council; appoint:
ARTICLE 123
(1) The Government shall (i) a Prefect in each county and in the Bucharest Municipality.
(2) The Prefect is the representative of the Government at a local level and shall direct the (ii) of
ministries and other bodies of the central public administration in the territorial-administrative units.
(3) The powers of the Prefect shall be established (iii).
(4) Among the Prefects, on the one hand, the Local Councils and the Mayors, as well as the county
councils and their presidents, on the other hand, there are no subordination relationships.
1
(5) The Prefect may challenge, in the administrative court, (iv), of a Local Council, or of a Mayor,
in case he deems it unlawful. The act thus challenged shall be suspended (v).1
EXERCISE 3: read the following summary (based on the Romanian Constitution provisions) and then
answer these questions:
1) What levels of public administration are there in Romania? Can you enumerate the public
institutions that ensure the good pursuance of administration at each level?
2) What is the role of ministries and governmental agencies in the Romanian public administration
system?
3) What are county councils and town councils?
4) What is the role of the prefect in each county?
5) How can specialized governmental agencies be set up? What laws regulate their organization and
functioning?
6) What is the role played by the Supreme Council of National Defence in Romania?
The Romanian Administrative System Summary
According to the Constitution of Romania (2003), the Romanian state is independent,
sovereign, unitary, inalienable and indivisible. The form of government of Romania is the Republic.
The legislative, the executive and the judiciary (the three powers in the state) are organized according
to the principle of separation and balance of powers.
Provisions regarding the public administrative system in Romania are comprised in Articles
116-123 of the Romanian Constitution (2003). The fundamental law of the country sets forth two levels
of public administration in our country: a central level and a local one. The central level is represented
by ministries and governmental agencies (which are either subordinated to the ministries / the
government or pursue their activity autonomously), while the local level is administered by the prefect
of each county, county councils, mayors and city / town councils.
The Romanian territory is administratively divided into 41 counties and the city of Bucharest.
At county level there functions an elected county council, which establishes local administrative goals
for the entire county. County councils coordinate the activities of all village councils and town councils
in a county. At town and village levels, there function local councils, which cooperate with elected
mayors for achieving public administrative goals of their local communities.
At county level (and separately for Bucharest) there is a prefect who represents the government.
Prefects are appointed by the government and locally direct services established by the ministries and
other central agencies. If a prefect considers that the actions of the local authorities are not legal or do
not comply with the Constitution, he/she is entitled to block them. Local councils can decide how to
spend their allocations from the central government budget; they can also establish how to raise local
additional revenue. The prefect has the authority to revise expenditures in order to confirm that they are
legal and abide by the Constitution.
Specialized agencies may be set up by the government or by ministries but only with the
approval of the Court of Audit. Similarly, whenever autonomous administrative authorities are set up,
they must be provided by an organic law.
The Romanian administrative system is governed by the principles of decentralization and
deconcentration of public services, as well as by the principle of local autonomy. Deconcentration
implies the redistribution of administrative and financial competences by the ministries and the other
1
Idem.
EXERCISE 4: word formation test: add prefixes and / or suffixes to the words given in capital
letters on the right column:
The constitution, its existence and accepted authority predicated on the presence
of a common identity, (1) public belief in the reality of a homogenous social
unit, and thereby supports the states efforts to successfully manage any internal
conflicts.
The establishment of a constitution (2) the unitary nature of the state, and
demands the obedience of the citizenry on that basis.
By accepting its authority, the citizens also implicitly (3) their individual
identification with the unitary vision advanced therein. This recognition of the
authority of the constitution and of the state enhances the centripetal force of this
centralized social identity, thereby also reducing the centrifugal pressures created
by any internal political conflict.
It is clear therefore that public acceptance of the authority of the constitution is a
key stage in the development of a stable governing structure capable of effective
internal conflict (4).
The citizens must feel as if they owe (5) to the constitutional order if the state is
to profit from its adoption of a constitution2
FORCE
CLAIM
KNOW
MANAGE
ALLEGIATE
See Legea 195 / 2006 [Law no. 195/2006 on decentralization of public services, published in the Official Gazette no.
453/25.05.2006]; original text: j) deconcentrare - redistribuirea de competene administrative i financiare de ctre
ministere i celelalte organe de specialitate ale administraiei publice centrale ctre propriile structuri de specialitate din
teritoriu. (http://www.legex.ro/Legea-195-2006-71213.aspx - accessed on 17th September 2013)
2
Eoin Carolan, The New Separation of Powers. A Theory for the Modern State, Oxford: Oxford University Press, 2009, p.
5.
Bibliography
Law
on
local
public
administration
and
elections:
http://www.cdep.ro/legislatie/eng/vol46eng.pdf - accessed on 26th November 2012
Legea nr. 215 / 2001 [Law no. 215 / 2001], republished, Legea administraiei publice locale
[Law on local public administration], issued by: Romanian Parliament, published in the
Official Gazette of Romania, no. 123 / 20th February 200
Legea 195/2006: http://www.legex.ro/Legea-195-2006-71213.aspx - accessed on 17th
September 2013
Romanian Public Administration:
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023222.pdf - accessed on 17th
September 2013
Romanian
Constitution:
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c5
accessed on 26th November 2012
UNIT II
DECENTRALIZATION IN THE ROMANIAN PUBLIC ADMINISTRATIVE SYSTEM
5) multilevel governance
6) public policy
7) public enterprise
8) consistency
1
Recommended bibliography on decentralization: Decentralization and Local Economy in the World. First Global Report
by United Cities and Local Governments, a co-publication of the World Bank and United Cities and Local Goverments,
Barcelona: 2008.
9) decisional autonomy
10) accountability
EXERCISE 2: fill in the gaps after you add the necessary suffixes and prefixes to the words given in
capital letters on the right:
Theoretically, all Western European local government systems could be
recast anew. If that were the case, the (1) of local governance would lead
to the convergence of local political practice across Europe.
Instead of institutionalized forms of local politics, locked into nationalized
patterns of administration and regulation and reinforced by (2) local
political cultures, there would be a multiplicity of networks and informal
patterns of government that do not depend on organizational routines and
traditions and adapt existing patterns of regulation to solve local public
problems.
Such a form of local governance is probably not a realistic form of politics.
In part, political life is (3) and processed by existing institutional routines
and regulative frameworks that continue over time.
National policy-makers are locked in by history, what some writers on
national politics call path dependence /Coleman and Grant, 1998;
Goldstone, 1998; Pierson, 2000/, something that has its (4) at the local
level /Woodlief, 1998/.
The division of powers within a state continues to influence policy-making
as do standard operating procedures and political cultures. The most
plausible scenario is that locally elected politicians and (5) remain as the
key local decision-makers, but they adapt to the framework of governing.
The trends toward local governance could make so little difference to the
existing patterns of local government, that the new approach would be
(6).
But it is more likely that economic pressures and reform ideas disrupt local
government systems and make them adapt in similar ways across Western
Europe even though they retain much of their (7).1
EMERGE
PERSIST
ROUTINE
PART
BUREAUCRACY
PLACE
DISTINCT
Peter John, Local Governance in Western Europe, London: Sage Publications Ltd., 2001, p. 18.
manage public affairs in compliance with the law and on behalf and interest of local communities
which they represent.1 (our translation)
At the core of Article 3 Law no. 215/2001 there lies the principle of decentralization, as defined
by Law no. 195/2006. According to this law, the role of decentralization is to ensure local autonomy.
Similarly, Article 3 of the European Charter of Local Self-Government sets forth that: Local
self-government denotes the right and the ability of local authorities, within the limits of the law, to
regulate and manage a substantial share of public affairs under their own responsibility and in the
interests of the local population.2
Local autonomy is exercised by local representatives who are elected by free, adult, secret
suffrage (county councils, local councils and mayors). One of the advantages of local autonomy is thus
represented by the fact that local representatives are familiar with local administrative issues, and are
directly interested in settling them. Moreover, from a financial point of view, territorial-administrative
units are entitled to use their own financial resources.
Local autonomy also allows territorial-administrative units to cooperate and associate
themselves with territorial-administrative units from abroad while having the obligation to observe the
law. Thus, free associations of administrative units are meant to support local interests, develop
cooperation, economic and cultural exchange. Considering the huge volume of work which central
public administration has, local autonomy facilitates the associations of territorial administrative units
from our country with similar units from abroad, which in the absence of this principle would be hard
to achieve.
The process of decentralization is finally meant to improve life quality of local communities by
ensuring better services in vital areas: education, healthcare services, police, transport, sewerage, etc.
Original text: Prin autonomie local se neleg dreptul i capacitatea efectiv a autoritilor administraiei publice locale
de a soluiona i gestiona, n numele i interesul colectivitilor locale pe care le reprezint, treburile publice, n condiiile
legii cf.: Legea nr. 215 / 2001, republicat, Legea administraiei publice locale, emitent: Parlamentul Romniei,
publicat n Monitorul Oficial, nr. 123 din 20 februarie 2007.
2
European Charter of Local Self-Government: http://conventions.coe.int/Treaty/en/Treaties/Html/122.htm - accessed on
18th September 2013.
3
Idem.
Art. 2. - In nelesul prezentei legi, termenii i expresiile de mai jos au urmtoarele accepiuni:
a) arie geografic a beneficiarilor - aria geografic de domiciliu a majoritii beneficiarilor unui
serviciu public descentralizat ntr-o perioad de timp dat;
b) capacitate administrativ - ansamblul resurselor materiale, instituionale i umane de care dispune
o unitate administrativ-teritorial, precum i aciunile pe care le desfoar aceasta pentru exercitarea
competenelor stabilite prin lege. Capacitatea administrativ se evalueaz i se stabilete n condiiile
legii;
c) competen - ansamblul atribuiilor stabilite de Constituie i de legile care confer autoritilor
administrative drepturi i obligaii de a duce n nume propriu, n realizarea puterii publice i sub propria
responsabilitate, o activitate de natur administrativ; //1
IV. DEVELOPING WRITING SKILLS
Write an essay on the topic: Challenges of local autonomy in Romania in the 21st century.
Bibliography
Online bibliography
European
Charter
of
Local
Self-Government
http://conventions.coe.int/Treaty/en/Treaties/Html/122.htm- accessed on 18th September
2013
Carta
european
a
autonomiei
locale:
http://legislatie.resurse-pentrudemocratie.org/199_1997.php - accessed on 18th September 2013
Legea nr. 195 / 2006, Legea cadru a descentralizrii, emitent: Parlamentul Romniei, publicat n Monitorul Oficial, nr.
453 din 25 iunie 2006.
EXERCISE 2: fill in the gaps with the following terms and phrases: General Prosecutor, acts,
applied, defends, committed, solely, citizenship, perpetrated, corporal integrity:
Art.1. Criminal law (i) Romania, sovereignty, independence, State unity and indivisibility, the
rights and freedoms of persons, property, as well as the entire legal order, against offences.
Art.2. The law provides which (ii) are offences, the penalties to be (iii) to the offenders and the
measures that can be taken if these acts are committed.
Art.3. Criminal Law shall apply to offences (iv) on Romanian territory.
Art.4. Criminal law shall apply to offences (v) outside the Romanian territory, if the perpetrator is a
Romanian citizen or if he/she, while having no (vi), domiciles in this country.
Art.5. (1) Criminal law shall apply to offences committed outside Romanian territory, against the
security of the Romanian State or against the life of a Romanian citizen, or which have caused serious
injury to the (vii) or health of a Romanian citizen, when they are committed by a foreign citizen or
by a person with no citizenship who does not domicile on the territory of our country.
(2) The initiation of criminal action for the offences provided in the previous paragraph shall be
done (viii) with prior authorization from the (ix).1
EXERCISE 3: answer the following questions taking into consideration the provisions set forth by
Articles 1-5 of the Romanian Criminal Code (quoted above), as well as the information included in
the summary given below:
1) What does the criminal law defend according to Article 1 of the Romanian Criminal Code?
2) What does the criminal law provide?
3) What offences is Romanian criminal law applied to?
4) Who is in charge with initiating criminal action for offences perpetrated outside the Romanian
territory, which are meant to affect the life and health of Romanians, respectively the security of our
state?
5) Under what conditions is criminal law not applied?
6) When is Romanian criminal law applied for crimes committed by foreign citizens?
Criminal law an introduction
When trying to define criminal law, theoreticians firstly distinguish it from civil law. Thus,
criminal law aims to sanction the defendant for the crime(s) that he / she committed, whereas civil law
aims to grant compensation to the plaintiff for the damage caused to him/her.
Criminal law is characterized by a set of principles, of which the most important are: legality
(i.e. the crime committed by a person is provided by criminal law), criminal liability (or criminal
responsibility), proportionality (the sentence for a crime must be proportional to its seriousness), etc.
On the other hand, as the Romanian Criminal Code sets forth, a general characteristic of crimes is that
they present social peril (social threat).
The role of criminal law is to protect fundamental values of our society such as: legal order, the
states independence, unity, and sovereignty from any offences that might endanger them; criminal law
also protects the citizens freedoms and rights from being infringed by offenders.
Criminal law defines the notion of offence and it organizes offences into specific categories for
which certain penalties are applied. An offence is any act which is provided by criminal law, which
presents social danger (social peril / social threat) and which is committed with guilt. When an act is
said to pose social peril, magistrates take into consideration the manner in which the crime was
committed, the means that the offender used in order to accomplish his deed, the goal that he/she aimed
at, the circumstances under which the crime was perpetrated, the consequences that the crime
generated, and the perpetrators person, as well as the criminal record, if the case may be.
1
The translation is available on: www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013; see
also: Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p.5.
Romanian criminal law is also applied for Romanians and foreigners (when extradited) who
commit crimes outside the border of our country on condition that the law of the country where those
crimes are committed also provides them as criminal acts, including for the situation in which the
perpetrated criminal acts are meant to affect our states unity, indivisibility, sovereignty or
independence or to infringe one of our citizens rights and freedoms. Romanian criminal law is also
applied for those persons who do not have Romanian citizenship but whose domicile is in our country
and who commit offences abroad.
Criminal action against offences committed abroad by foreign citizens against our states
security and citizens rights and freedoms may be initiated by the General Public Prosecutor.
However, it is possible for the law of the State where the crime was committed to provide
certain causes that hinder the initiation of criminal action or that thwart the continuation of the trial or
that block the service of the penalty.
Whenever a crime is committed by a diplomatic representative of a foreign country or by a
person who is not subject to Romanian criminal jurisdiction, Romanian criminal law is not applied for
that crime. Similarly, criminal law is not applied retroactively. It is also likely for an act to have been
set forth in the previous criminal code but to no longer be provided in the new criminal legal
framework. In this situation, criminal law is no longer applied for it. When it happens for a sentence to
be passed after a new law is enacted on the committed crime, the judge will decide to apply the most
favourable law: either the one that was in force when the crime was committed or the newly adopted
one.
EXERCISE 4: fill in the gaps with one missing word (an article, a preposition, a pronoun or an
auxiliary verb):
Crime, dlit, and contravention, three classifications of criminal offense that are central to the
administration of justice in many Roman- and civil-law countries //. Crimes in French law are the
most serious offenses, punishable by death or prolonged imprisonment. A dlit is any offense
punishable by a short prison sentence, usually (1) one to five years, or a fine. Contraventions are
minor offenses.
Civil-law countries traditionally (2) used all three categories, corresponding to three types of
tribunals: police courts (tribunaux de police), (3) determine guilt in cases of minor penalties; courts
of correction (tribunaux correctionnels), requiring judges but no jury, which try all other cases not
involving serious bodily harm; and full courts (4) a jury in other crimes.
In the 19th century, legal scholars argued for the reduction of categories of crime to two (5)
three. This recommendation was incorporated into many criminal codes, including those of Sweden,
Denmark, the Netherlands, Portugal, Italy, Brazil, Norway, Venezuela, and Colombia. Dlit was
generally defined as an infraction inspired by a criminal intent and infringing directly (6) the rights
of individuals and groups, thus including offenses that had previously been designated crimes.
Contravention came to mean any act committed without criminal intent but forbidden by law.
Most countries adopting the new definitions retained the three-tiered structure of the judiciary.
In consequence, an informal (7) important distinction was made between dlits moins graves and
dlits gravesthat is, between ordinary dlits and crimes involving serious bodily harm that were
reserved for trial by a full court with a jury. These procedural differences reduced the usefulness of
(8) single term dlit. Consequently, some countries, (9) Hungary, Denmark, and Romania, continue
to classify crimes in three rather than two categories. Only the Netherlands has pursued the logic of the
dual categories of offenses (10) reducing the number of criminal tribunals from three to two. Most
countries continue to try to reconcile a three-tiered court system with a modified form of the dlitcontravention distinction. A person who commits a dlit moins gravee.g., larcenyis brought
directly to trial before a judge sitting without a jury. The guilt or innocence of one who commits a
contravention is determined summarily in a police or magistrates court. //
The distinctions between crime, dlit, and contravention are not comparable to the AngloAmerican distinctions between felony and misdemeanour. The latter belong to a fundamentally
different evolution of criminal law.1
EXERCISE 5: fill in the gaps after you add the necessary suffixes and prefixes to the words given in
capital letters on the right:
felony and misdemeanour, in Anglo-American law, classification of
criminal offenses according to the (1) of the crime.
U.S. jurisdictions generally distinguish between felonies and
misdemeanours. A class of minor offenses that may be described as petty
offenses or (2) is also recognized. //
In US law the classification of a crime as a felony or as a misdemeanour is
(3) determined by the penalties attached to the offense. A felony is
typically defined as a crime (4) by a term of imprisonment of one year
or more. Misdemeanours are often defined as offenses punishable only by
fines or by short terms of imprisonment in local jails. A consequence of
conviction for a felony rather than a misdemeanour is that the offender
may lose some civil rights.//
Crimes in England are classified into indictable offenses (which may be
tried by a jury) and summary offenses (which may be tried summarily
without juries). Indictable offenses are (5) divided into treasons, other
felonies, and misdemeanours. //
The distinction between felony and misdemeanour is less significant for
modern law than (6), and many commentators have questioned its
utility.2
SERIOUS
CRIME
ORDINARY
PUNISH
FAR
FORMER
Bibliography
Adam Czarnota, Martin Krygier, Wojciech Sadurski, Rethinking the Rule of Law after
Communism, Budapest: Central European Universtiy Press, 2005
Stanislav Frankowski, Paul B. Stephan, Legal Reform in Post-Communist Europe, Netherlands:
Kluwer Academic Publishers, 1995
Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012
Teodor Vasiliu, Codul Penal al Republicii Socialiste Romnia, Bucureti: Editura tiinific,
1972
Vintil Dongoroz, Modificri aduse Codului penal i Codului de procedur penal prin actele
normative din anii1956-1960, Editura Academiei Republicii Populare Romne, 1962
Online bibliography
www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013
http://www.britannica.com/EBchecked/topic/142952/crime-delit-and-contravention- accessed
on 14th June 2013
http://www.britannica.com/EBchecked/topic/204029/felony-and-misdemeanour- accessed on
14th June 2013
devise
pander
subdue
betrayal
dwelling
theft
destroy
pimp
suppress
treachery
office
misappropriation
invent
prosecutor
surrender
treason
residence
watch
charge
motion
face
rational
exoneration
submission
avoid
berserk
incrimination
proposition
avert
violent
indictment
accusation
eschew
mad
EXERCISE 3:
a) Fill in the gaps with the following terms: prohibition, facilitating, undermining, surrendering,
procuring, fraternizing, sanction:
Art.155. The act of a Romanian citizen or of a person with no citizenship domiciling in
Romania, of establishing connections with a foreign power or organization or with its agents, in order
to suppress or undermine the State unity, indivisibility, sovereignty or independence, by actions
instigating to war against the country or (i) foreign military occupation, or economic or political
(ii) of the State, or submission to a foreign power, or of helping a foreign power to carry out an activity
against State security, shall be punished by life imprisonment or imprisonment from 15 to 25 years and
the (iii) of certain rights.1
Art.156. (1) The act of a Romanian citizen, or of a person with no citizenship domiciling in
Romania, during wartime:
a) of (iv) territories, towns, defence locations, storage facilities or installations belonging to
the Romanian armed forces or that are used for defence;
b) of surrendering ships, aircraft, cars, devices, weapons or any other material that can be used in
waging a war;
c) (v) people, values and materials of any kind for the enemy;
d) (vi) with the enemy or carrying out any other actions likely to favour the enemys activity
or to weaken the Romanian armed forces or the allied armed forces capacity to fight, shall be
punished by life imprisonment or by imprisonment from 15 to 25 years and the prohibition of
certain rights.
(2) The same penalty shall (vii) also a Romanian citizen or a person with no citizenship
domiciling in Romania who, during wartime, fights in or is part of groups fighting against the
Romanian State or its allies.2
b) Answer the following questions after reading the Summary below:
1) What is treason?
2) What penalty does the Romanian Criminal Code provide for treason?
3) Enumerate actions whereby a person accused of treason facilitates the suppression by a foreign
power of our states unity and sovereignty.
OFFENCES AGAINST STATE SECURITY A SUMMARY
According to the Romanian Criminal Code, treason, espionage, the act of undermining national
economy, as well as the act of revealing secrets which jeopardize state security are punished with
imprisonment and prohibition of certain rights. The years provided for incarceration range from 1 year
of imprisonment to life imprisonment depending on the crime that was committed and its seriousness.
1
The translation is available on: www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013; see
also: Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 70.
2
Idem.
Thus, for treason the penalty ranges from 15 to 25 years of imprisonment, while for revealing secrets
that jeopardize state security the penalty may range from 1 to 10 years.
Treason refers to the act or actions whereby a Romanian or a foreign citizen undermines our
states unity, independence and sovereignty. Persons accused of treason must have established
connections with foreign organizations with a view to undermining the states economy or political life
or security. For example, a person may facilitate the military occupation of Romania or it may get
involved in actions that are meant to instigate war against our country. Treason may also be committed
by persons (a Romanian / a foreign citizen) who reveal state secrets / data to foreign powers /
organizations or who are involved in espionage acts, respectively who commit hostile actions against
Romania.
EXERCISE 4: WORD FORMATION TEST
Create word families for each of the terms given in the chart below:
Verb
spy
Adjective
Adverb
unspied
spying
spyingly
procurer
identify
enforce
cooperation
converge
criminal
securable
significantly
recognition
EXERCISE 5: CLOZE TEST
a) Explain the following terms/expressions: to be tucked away, fully-fledged, qualified majority,
albeit, enforcement tools;
b) Fill in the gaps with one word that matches the context (a preposition, an article, an auxiliary
verb).
Until the entering (1) force of the Treaty of Lisbon much of European criminal law was
tucked away in the third pillar of the EU. (2) the Treaty of Lisbon, the field of judicial cooperation
in criminal matters has acquired an identifiable constitutional framework and (3) become a fullyfledged EU policy. The Treaty introduces the ordinary legislating procedure, involving the European
Parliament and allowing the Council to vote (4) qualified majority in order to establish minimum
rules. It also extends the Courts jurisdiction to cover areas of the former third pillar, albeit significantly
limited by (5) transitional provisions. Finally, the Unions available legislative instruments are
strengthened and the principle of mutual recognition formally becomes the backbone of European
criminal law.1
Legal and judicial cooperation (6) EU law appears to provide an appropriate solution. It
allows reaching policy convergence (7) minimum standards and mutual recognition rather than
1
Crime within the Area of Freedom, Security and Justice, A European Public Order, edited by Christina Eckes and
Theodore Konstadinides, Cambridge: Cambridge University Press, 2011, p. 1.
harmonization. This provides (8) middle ground for the establishment of an Area (not a
Community) that strikes a balance (9) strict European integration and national sovereignty. Yet, at
the same time, criminal law is an area where different standards resulting (10) the increasing size
and heterogeneity of the EU may have adverse consequences on the freedoms of the individual, such as
the right to personal liberty and safeguards as to arrest and detention. (11) renders law-making based
on the principle of mutual recognition increasingly difficult. (12) the above-mentioned reasons, the
establishment of a true Area of Freedom, Security and Justice in which national enforcement tools
freely circulate, irrespective (13) the absence of a European standard, is a dangerous undertaking:
fundamental constitutional principles (14) at the national and European level may be compromised.
This requires the establishment of some sort of European Public Order //.1
III. DEVELOPING TRANSLATION SKILLS
Translate the following paragraphs into English:
La 22 septembrie 1998, reclamantul a depus concluzii scrise. Acesta susinea c nu nclcase
niciuna dintre valorile protejate de legea penal i c, n prezenta cauz, nu era ntrunit condiia
existenei unui pericol social, fa de care se subordona sancionarea unui act de ctre legislaia penal.
Acesta a subliniat n special c scopul aciunii sale fusese de a face publice ilegalitile comise n
cadrul SRI n detrimentul persoanelor particulare i, astfel, de a asigura respectarea drepturilor
garantate de Constituie. Referitor la celelalte modaliti la care ar fi putut apela pentru a denuna
neregulile respective, reclamantul a subliniat c orice aciune la nivel ierarhic era inutil avnd n
vedere poziia adoptat de directorul SRI n urma conferinei de pres i faptul c luase legtura cu
deputatul T.C., membru al Comisiei parlamentare pentru exercitarea controlului asupra activitii SRI.
n plus, infraciunea prevzut la art. 19 din Legea nr. 51/1991 implic existena inteniei de a participa
la aciuni care pot aduce atingere siguranei naionale, n vreme ce el acionase cu bun-credin. De
asemenea, reclamantul a invocat nclcarea libertii sale de exprimare, n eventualitatea unei
condamnari penale. Concluziile se bazau, printre altele, pe nscrisurile clasificate strict secrete i
depuse la dosar n volumul nr. 9.
Prin hotrrea din 20 octombrie 1998, Tribunalul Militar l-a condamnat pe reclamant la o
pedeaps cu nchisoarea de 2 ani cu suspendarea executrii pentru furt, culegerea i transmiterea de
informaii cu caracter secret n afara cadrului legal, precum i divulgarea i folosirea, n afara cadrului
legal, a informaiilor privind viaa particular, onoarea i reputaia persoanelor. Hotarrea tribunalului
s-a bazat pe faptul c interceptrile telefonice fuseser efectuate n baza unor acte de autorizare emise
de procurori si depuse la dosar. Pentru acelai temei, tribunalul a respins alegaiile reclamantului cu
privire la ndoielile sale fa de legalitatea interceptrilor. De asemenea, tribunalul a observat c
reclamantul nu a denunat pretinsele nereguli directorului SRI i nu a sesizat Comisia parlamentar
pentru exercitarea controlului asupra activitii SRI.2
Crime within the Area of Freedom, Security and Justice, A European Public Order, edited by Christina Eckes and
Theodore Konstadinides, Cambridge: Cambridge University Press, 2011, p. 2.
2
http://www.dreptonline.ro/spete/detaliu_speta.php?cod_speta=487 - accessed on 24th August 2013.
Bibliography
4) filicide
5) bodily harm
6) hitting or injury causing death
7) slavery
8) criminal liability
9) threat
10) rape
11) sexual intercourse with a minor
12) blackmail
13) seduction
14) incest
EXERCISE 2:
a) Fill in the gaps with one of the following terms or phrases: elude, prosecution, material interest,
inability to defend himself / herself, prohibition of certain rights:
Art. 175. Murder committed in one of the following circumstances:
a) with premeditation;
b) out of a (i);
c) against the spouse or a close relative;
d) taking advantage of the victims (ii);
e) by means that jeopardise the life of several persons;
f) connected to the victims accomplishment of service or public duties;
g) in order to elude or to elude another persons (iii), arrest or penalty service; in order to facilitate
or (iv) the commission of another offence;
h) in public,
shall be punished with imprisonment from 15 to 25 years and the (v).
Attempt is subject to penalty.1
b) Fill in the gaps with one of the following terms or phrases: piracy, attempt, fulfilment, cruelties:
Art. 176. Murder committed in one of the following circumstances:
a) by means of (i);
b) against two or more persons;
c) by a person who has previously committed another murder;
d) in order to commit or to conceal the commission of a robbery or (ii);
e) against a pregnant woman;
f) against a magistrate, police officer, gendarme or member of the military, during or in connection to
the (iii) of their service or public duties,
shall be punished with life imprisonment or imprisonment from 15 to 25 years and the prohibition of
certain rights.
(iv) is subject to penalty.2
c) Fill in the gaps with one of the following terms or phrases: sanction, penalties, negligence, alcohol
concentration, newborn:
Art. 177. The killing of a (i) infant, committed immediately after birth by the mother who is in a
state of confusion caused by birth, shall be punished by imprisonment from 2 to 7 years.1
Art. 178. (1) The killing of a person out of negligence shall be punished with imprisonment from 1 to
5 years.
(2) Homicide out of (ii) because of failing to observe legal provisions or precaution measures
for the exercise of a profession or a trade, or by carrying out a certain activity, shall be punished by
imprisonment from 2 to 7 years.
(3) When homicide out of negligence is committed by a person driving a vehicle with
mechanical traction, with a level of (iii) in the blood that exceeded the legal limits or who was
inebriated, the penalty shall be imprisonment from 5 to 15 years.
(4) The same penalty shall (iv) also homicide out of negligence committed by any other
person in the exercise of his/her profession or trade and who is inebriated.
(5) If the act committed caused the death of two or more persons, the maximum of the (v) in
the previous paragraphs can be supplemented by an increase of up to 3 years.2
EXERCISE 3 SYNONYMY AND WORD FORMATION EXERCISE:
a) Give synonyms for the following words: heinous, viable, rehabilitation, offender, infanticide;
b) Add suffixes and prefixes to the words written in capital letters below so that they would match the
given context:
Some crimes are so heinous that no one would expect the (1) to be returned
to the community; treatment is not considered a viable option. A good example
of this type of criminal is the serial murderer.
Once such offenders are convicted, they are usually incarcerated for the rest of
their lives. They will have no opportunity to return to the community; therefore,
little thought is given to what treatment programs would be effective in
changing or (2) them.
There is some interest in identifying (3) techniques so that children will not
grow into the kind of people who commit such crimes.3
Filicide is the generic term used to describe the killing of a child by the parent.
There are generally two types of filicide discussed in the literature: neonaticide
and (4). The differences in the terms are sometimes determined exclusively
by the age of the victim. Filicide is the killing of a child (at any age) by the
parent.
The child can be as young as a few hours or as old as 45. If the murdered child
is between 48 hours and 2 years old, then the term most often used to describe
that crime is infanticide. If the child is younger than 48 hours, neonaticide is the
term most (5) used.4
1
OFFEND
REHABILITATE
PREVENT
INFANT
FREQUENT
Idem.
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 76-77.
3
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different Crimes, Different Criminals:
Understanding, Treating and Preventing Criminal Behavior, Matthew Bender & Company, Inc., a member of the
LexisNexis Group, 2006, p.3.
4
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different Crimes, Different Criminals:
Understanding, Treating and Preventing Criminal Behavior, Matthew Bender & Company, Inc., a member of the
LexisNexis Group, 2006, p. 11-12.
2
EXERCISE 4: answer the following questions after reading the text below:
1) What is aggravated murder (also known as first degree murder)?
2) Can you define second degree murder?
3) What is according to the Romanian Criminal Code the penalty applied for homicide committed
out of negligence?
4) Under what circumstances is criminal liability removed?
5) Under what circumstances is criminal action initiated ex officio for bodily harm?
The generic term for killing a person is homicide. When describing the circumstances under
which homicide is committed, legal terminology adopts the term murder. Thus, the Romanian Criminal
Code distinguishes between first degree murder and second degree murder. The penalty applied for
both of them is imprisonment from 15 to 25 years, as well as the interdiction of certain rights.
First degree murder is committed when the killer acts with premeditation, when the victim is
his/her close relative or when the aggressor takes advantage of the victims impossibility to defend
himself/herself; a frequent circumstance for first degree murder is represented by the fact that the
aggressor aims to prevent the victim from accomplishing his/her public duties or to avoid being
arrested. Similarly, first degree murder occurs when the killer intends to conceal or to facilitate the
commission of another crime.
Second degree murder or particularly serious murder is generally directed against two or more
persons or a pregnant woman or a police officer / a member of the military staff (when the police or
military personnel are on duty or in order to prevent them from accomplishing their duty). Some
criminals commit a second degree murder in order to conceal a robbery or piracy act.
According to the Romanian Criminal Code, attempt is subject to penalty no matter if we refer to
first or second degree murder.
Aiding or abetting suicide is punished in Romania with an imprisonment penalty from 2 to 7
years or from 3 to 10 years if the person who committed suicide was a juvenile or was not aware of
his/her acts.
Aggrieving the physical integrity of a person may lead to serious consequences, depending
on which penalties vary. Thus, hitting (battery) may be directed against a family member; in this
situation, the penalty is imprisonment (from 6 months to a year) or a fine. If the victim needs medical
care for a period of up to 20 days, the imprisonment penalty varies between 3 months to 2 years or a
fine. However, if the victim is a family member, the imprisonment penalty will be of 1 to 2 years of
imprisonment or a fine. For criminal action to be initiated, it is necessary for the injured person to file a
complaint. If violent acts are committed against a family member, criminal action may be initiated ex
officio. However, in case reconciliation is accepted by the victim, criminal liability is removed.
Sometimes a persons corporal integrity is so badly affected that the victim may need to stay in
hospital up to 2 months, situation in which the punishment will range from 6 months to 5 years of
incarceration. The penalty is minimum 1 year of imprisonment and maximum 5 when the victim is a
family member. For criminal action to be initiated, it is necessary for the injured person to file a
complaint. If violent acts are committed against a family member, criminal action may be initiated ex
officio. However, in case reconciliation is accepted by the victim, criminal liability is removed.
However, it is possible for a persons corporal integrity to be so seriously affected that the
injured person might need medical care for a period longer than 2 months, situation in which the
aggressor is incarcerated for a period of 2 to 7 years. If the victim has lost a sense or a limb or suffered
mutilation or if the violent act inflicted on her led to abortion or a mental or physical impairment, the
penalty ranges from 2 to 7 years of imprisonment. Finally, if proven that the aggressor intended to
cause the victim a serious bodily harm (as defined above in this paragraph), the penalty is
imprisonment from 3 to 12 years.
The worst scenario one can imagine is the one in which the victim who suffered a serious
bodily harm dies. The penalty for an injury causing death is imprisonment from 5 to 15 years.
III. DEVELOPING TRANSLATION SKILLS
Translate the following fragment into Romanian and then comment upon its content:
The victim in criminal law Until fairly recently criminal lawyers and criminologists have focused on the defendant and
assessments of her or his liability. The victim, in much writing on criminal law, is a shadowy figure
who appears to be an irrelevance. Consider a case of alleged rape where a defendant wrongly but
reasonably believed that the victim was consenting. This easy case would be dealt with by the law
saying that such a defendant lacks the mens rea for rape and so no offence is committed. But that is to
look at the question entirely from the defendants point of view.
Another aspect of this issue is that the defendant has no defence based on the fact that the
crime was partly the victims fault. It is no defence for a burglar to say that the victim had left their
front door unlocked. However, some academics have suggested that there is a case for providing a
defence where the victim contributed to the harm done to them by the defendant. Such suggestions are
highly controversial.
The significance of victims is also raised by the Human Rights Act 1998. As we shall see, under
the European Convention on Human Rights victims have rights to be protected under the criminal law.
The definition of criminal offences will now need to be reconsidered to see if they adequately protect
the human rights of victims. A contrary view is that if the rights of victims are to receive weight, so
should their responsibilities.1
IV. DEVELOPING WRITING SKILLS
Choose one of the two homework tasks and write an argumentative, respectively a descriptive essay
on the given topics:
1) Bring pro and against arguments as regards the use of euthanasia nowadays.
2) Write a straightforward presentation of the differences existing between child destruction, abortion
and infanticide.
Bibliography:
Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different
Crimes, Different Criminals: Understanding, Treating and Preventing Criminal Behavior,
Matthew Bender & Company, Inc., a member of the LexisNexis Groupd, 2006
Jonathan Herring, Criminal Law. Text, Cases and Materials, Oxford: Oxford University Press,
2012
On-line bibliography
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August
2013
Jonathan Herring, Criminal Law. Text, Cases and Materials, Oxford: Oxford University Press, 2012, p. 36.
6) to express volition
7) to deem
8) theft of connection hoses
9) to clasp
10) to plunder
11) robbery
12) dwelling
13) upon prior complaint
14) in bad faith
15) deceit
16) appropriation
a) petroleum
b) to transfer
c) a generic term used to describe the crime of stealing someone
elses property
d) property (apart from land, houses) that one can take with
oneself; the Romanian translation of this phrase is bunuri mobile
e) acts of plundering committed by the crew or passengers on a
ship against persons or goods on that ship or against another ship
on condition that the ships are at sea or in a place that falls outside
the jurisdiction of a State
f) theft of tubes that convey liquids (e.g. petrol)
g) to fasten something (e.g. with a clasp)
h) to say that one is willing to
i) to judge; to consider (to have an opinion)
j) a place where someone lives; residence
k) the act of taking someone elses property by violence or
through intimidation and against that persons wills
l) to rob, to loot
m) with the purpose of deceiving someone
n) the act of deceiving
o) the act of stealing
p) on the basis of a complaint that was previously filed
EXERCISE 2:
2.1. Fill in the gaps with one of the following terms or phrases: under the circumstances; deemed;
theft; movable asset:
Art. 208 Theft
(1) The act of taking a (i) from another persons possession or use, without the latters consent, in
order to make it ones own without right, shall be punished by imprisonment from one to 12 years.
(2) Any form of energy that has an economic value, as well as documents, shall be (ii) as movable
assets.
(3) The act is a (iii) even if the asset belongs fully or partly to the perpetrator, if at the time of
commission that asset was in the legitimate possession or use of another person.
(4) Also, the act of taking, (iv) in paragraph(1), a vehicle in order to use it without right shall be a
theft.1
2.2. Fill in the gaps with one of the following terms or phrases: unable to express volition;
appropriation; by forced entry; a narcotic substance; convey; particularly serious consequences:
Art. 209 First degree theft
(1) Theft committed under the following circumstances:
a) by two or more persons together;
b) by a person holding a weapon or (i);
c) by a person wearing a mask or disguise;
d) against a person who is (ii) or to defend him/herself;
e) in a public place;
f) in means of public transportation;
g) during night time;
h) during a disaster;
i) (iii), climbing over or by use without right of a real key or a false key,
shall be punished by imprisonment from 3 to 15 years.
(2) The same penalty shall sanction also theft with regard to:
a) an asset that is part of the cultural heritage;
b) a document proving civil status, used for identification;
(3) Theft regarding the following categories of assets:
a) crude oil, gasoline, condensate, liquid ethane, petrol, Diesel oil, other oil products or natural gasses
from pipes, storage houses, tanks or tank wagons;
b) components of irrigation systems;
c) components of electrical networks;
d) a device or system for signaling, for alarm or alert in case of fire or other public emergencies;
e) a means of transportation or any other means of intervention for a fire, for railway, road, naval or air
accidents, or in case of disaster;
f) installations for railway, road, naval, air traffic safety and control, and their components, as well as
the components of the related means of transportation;
g) assets whose (iv) jeopardizes the safety of traffic and persons on public roads;
h) cables, lines, equipment and installations of telecommunication, radio communication, as well as
1
communication components;
shall be punished by imprisonment from 4 to 18 years.
(4) Theft that caused (v) shall be punished by imprisonment from 10 to 20 years and the prohibition
of certain rights.
(5) In the case in paragraph (3) a), the act of digging the land in the protected area near pipes that
(vi) crude oil, gasoline, condensate, liquid ethane, petrol, Diesel oil, other oil products or natural
gasses, as well as the possession, in those places or in the vicinity of storage facilities, tanks or tank
wagons, of connection hoses, installations or any other devices for clasping or perforation, shall also be
considered an attempt.1
EXERCISE 3: translate into Romanian the following terms using, if necessary, the Romanian
Criminal Code or a dictionary: theft, first degree theft, robbery, deceit, fraudulent management, breach
of trust, and piracy.
EXERCISE 4: read the following summary on offences against property and then answer the
following questions:
1) What is the difference between theft, first degree theft and robbery?
2) Under what conditions is robbery sanctioned with imprisonment from 5 to 20 years, respectively 15
to 25 years of confinement?
3) What is the penalty applied for piracy?
4) What is breach of trust and how is it sanctioned?
5) What is fraudulent management?
6) What is deceit?
Offences against property an introduction
Robbery is the appropriation of another persons assets by use of threat or violent acts. The
author of the crime of robbery may cause the victim a state of unconsciousness or make the victim
unable to defend himself/herself. Robbery also refers to the commission of theft subsequent to which
the author makes use of violence or threatening so that the aggressor may keep the stolen goods,
remove the traces of the committed crime or facilitate the perpetrators escape. If robbery is committed
under the above mentioned circumstances, the penalty applied is imprisonment from 3 to 18 years.
However, if robbery is committed at night or by a person who wears a mask / who is disguised
or in a means of public transportation, the penalty applied is imprisonment from 5 to 20 years.
The penalty for robbery is imprisonment from 7 to 20 years when robbery leads to the victims
grievous bodily harm or when committed during a disaster or in someones house (including within the
premises area) or when committed by two or more persons together or when the aggressor carries a gun
or makes use of a paralyzing substance.
If robbery results in the victims death, it is punished by imprisonment from 15 to 25 years and
the prohibition of certain rights.
Piracy is the act of plundering the persons on a ship (aircraft) either by the members of the
crew or even by its passengers on condition that the plundered ship (aircraft) is in the open sea (air) or
in an area that falls outside the jurisdiction of a state. Piracy is accompanied by acts of violence and it
is committed for personal purposes. The punishment is imprisonment from 3 to 18 years. When piracy
results in serious bodily harm of the victim, the penalty applied is imprisonment from 5 to 20 years. If
1
piracy results in the death of the victim, it is punished by imprisonment from 15 to 25 years and the
prohibition of certain rights.
Breach of trust refers to the situation in which a person appropriates a movable asset which
belongs to another person or unlawfully uses this asset or refuses to return it to the rightful owner. The
penalty applied for breach of trust is imprisonment from 3 months to 4 years or a fine.
Fraudulent management refers to the prejudice that is caused to a person through the
maladministration of the latters assets or by preserving the latters assets by the one who is appointed
to administer or preserve those assets. The penalty applied for this offence is imprisonment from 6
months to 5 years. If fraudulent management is committed in order to acquire a material benefit, the
penalty applied is imprisonment from 3 to 10 years.
Deceit implies false representation about a fact, which leads to damage, in order to unlawfully
obtain a material benefit either for oneself or for another person. The punishment for deceit is
imprisonment from 6 months to 12 years.
If deceit is committed by using false names or through other fraudulent means, the penalty
applied is imprisonment from 3 to 15 years.
If deceit is committed when concluding or executing a contract, and if the victim hadnt
concluded or executed the contract in the absence of this deceit, the penalty is imprisonment as
provided in the previous paragraphs: imprisonment from 6 months to 12 years (if false representation is
used for a material benefit) or from 3 to 15 years (if false names or other fraudulent means are used).
However, deceit also exists when a cheque is issued to a credit institution or a person and the
one who signs the payment instrument knows that the sum is not covered. Deceit also exists when a
person withdraws a supply wholly or in part after the drawee (in general, a bank) issues that supply or
when that person prohibits the drawee to pay the supply before expiry of the presentation term and
these actions result in causing damage to the lawful owner of the cheque. The penalty for this offence is
imprisonment from 3 to 15 years.
When deceit results in particularly serious consequences, it is punished with imprisonment from
10 to 20 years and the prohibition of certain rights.
EXERCISE 5:
Add suffixes and prefixes to the words in the chart below so that you may create word families:
Verb
deceive
Noun obj.
deceit
Noun person
deceiver
Adjective
deceivable
prisoner
retailer
entrepreneur
miscellaneous
swindle
corporate
purchase
employ
convention
harm
crime
tort
Adverb
deceivably
deceitfully
EXERCISE 6:
a) Did you know that Americans also informally split crimes into blue-collar crimes and white-collar
crimes? In the next chart you can find several characteristics of blue-collar and white-collar crimes:
Blue-collar crimes
White-collar crimes
are committed by an individual from a lower are committed by individuals of a higher social
social class
class
examples of blue-collar crimes:
examples of white-collar crimes:
shoplifting, burglary, auto theft, bodily harm, embezzlement, fraud, tax evasion, money
vandalism, prostitution, kidnapping, rape, laundering, forgery
gambling and drug abuse
cause injury to a person or to property
have a greater impact on the economic growth
of a country
are in general punished more severely
are in general punished in a more lenient way
in comparison with blue-collar crimes
b) Explain the following words in English and translate them into Romanian: to meddle, retail,
cognate, securities market, miscellaneous, swindle, scam, customs evasion;
c) Fill in the gaps with the following 5 phrases: occupational crime; governmental crime; statecorporate crime, crimes of globalization, and high finance crime; enterprise crime, contrepreneurial
crime, techno-crime, and avocational crime; corporate crime:
1. : Illegal and harmful acts committed by officers and employees of corporations to promote
corporate (and personal) interests. Forms include corporate violence, corporate theft, corporate
financial manipulation, and corporate political corruption or meddling.
2. : Illegal or harmful financially driven activity committed within the context of a legitimate,
respectable occupation. Forms include retail crime, service crime, crimes of professionals, and
employee crime.
3. : A cognate form of white collar crime; a range of activities wherein government itself,
government agencies, government office, or the aspiration to serve in a government office generates
illegal or demonstrably harmful acts. Forms include state crime and political white collar crime.
4.: Major hybrid forms of white collar crime that involve in some combination a synthesis of
governmental, corporate, international financial institution or occupational crime. High Finance crime
specifically refers to criminal activity in the realm of high-level finance, from banking to the securities
markets.
5. : Residual forms of white collar crime or a variety of miscellaneous illegal activities that include
more marginal forms of white collar crime. Enterprise crime refers to cooperative enterprises involving
syndicated (organized) crime and legitimate businesses; contrepreneurial crime refers to swindles,
scams, and frauds that assume the guise of legitimate businesses; technocrime involves the intersection
of computers and other forms of high technology with white collar crime; avocational crimes are
illegal but non-conventional criminal acts committed by white collar workers outside a specifically
organizational or occupational context, including income tax evasion, insurance fraud, loan/credit
fraud, customs evasion, and the purchase of stolen goods.1
David O. Friedrichs, Trusted Criminals. White Collar Crime in Contemporary Society, Belmont: Wadsworth Cengage
Learning, 2010, p. 7-8.
Bibliography
Op.cit., p. 7.
a) outcast
b) to give a task
c) to thwart
d) constraint
e) biased
f) dispersal
g) to cause somebody to undergo torture / the application of a
penalty etc.
h) expulsion of a person / group / population from a territory
i) captive / prisoner
j) population that is forced to leave its home land
EXERCISE 2:
a) Fill in the gaps with the following words and phrases: subjecting; forced transfer; to impede; the
physical or mental integrity; instigation:
Art. 356 War propaganda: Propaganda for a war, the dissemination of tendentious or
invented news, likely to serve (i) to war, or any other display in favour of the outburst of a war,
committed by speech, in writing, through the radio or television, cinema or other such means, shall be
COMMIT (ii)
DEPORT (iii)
CONVICT (iv)
EXTERMINATE
(v)
admit
integration
uproot
hinder
impede
plunder
goods
bestowal
eschew
exile
reclusiveness
settle down
facilitate
assist
loot
liabilities
confiscation
commence
b) Add suffixes and prefixes to the words in the chart below in order to create word families for the
word given in every line:
Verb
Noun obj.
pillage
Noun person
Adjective
Adverb
to conceal
appropriation
valuable
prohibitive
deporter
deportee
to store
convict
inhumanly
partly
EXERCISE 4: answer the following questions after reading the text below:
1) What criminal actions does genocide imply according to the Romanian Criminal Code?
2) What penalty provides the Romanian criminal law for genocide?
3) What is inhuman treatment?
4) What penalty is applied for inhuman treatment?
OFFENCES AGAINST PEACE AND HUMANKIND A SUMMARY
According to the Romanian Criminal Code, the following criminal actions war propaganda,
genocide, inhuman treatment during war time, destruction of military objectives and appropriation of
assets during war time, as well as destruction or pillaging or appropriation of cultural values outside a
military reason are crimes against peace and humankind.
War propaganda - any attempt to instigate the population to war through propaganda or by
disseminating tendentious information (both in writing, and by speech) is punished by the Romanian
criminal law with imprisonment from 5 to 15 years, as well as with the prohibition of certain rights.
Genocide is the most violent and cruel crime directed against a community / an ethnic / racial /
religious / national group, and it is committed in an attempt to destroy that community or group. Cases
of genocide have been frequent in history (see the Cambodian genocide, the Rwanda genocide, the
genocide of the American first nation population, the genocide of the Jews, the genocide of the
Armenians, etc.). The actions undertaken in order to destroy a population are various and they include
besides murder acts, adoption of measures which are meant to impede births, deportation of
populations, commission of acts which produce grievous physical and mental harming of the victims,
subjection of the victims to starvation, as well as the victims confinement in an area where they cannot
survive. The penalty applied for genocide in Romania is life imprisonment (if genocide crimes are
committed during war time) or imprisonment from 15 to 25 years, including the prohibition of certain
rights.
Inhuman treatment - besides genocide, cases of inhuman treatment committed against the
injured / the diseased / prisoners / castaways / civil healthcare personnel (including the Red Cross
personnel) are also frequent. Inhuman treatment implies that the above mentioned persons are subject
to scientific experiments which are not meant to ensure the medical treatment of the patient or that they
are deported / taken hostages / forced to serve in the enemys army / unlawfully deprived of freedom.
The authors of such criminal acts are punished with imprisonment from 5 to 20 years, including the
prohibition of certain rights. Inhuman treatment is also invoked for situations in which the persons
belonging to the above mentioned categories are judged by an illegally set up court or by a court which
infringes judicial safeguards stipulated by the law. In case the persons belonging to the above
mentioned categories are subject to torture / mutilation / extermination, the penalty applied is life
imprisonment (if cases of inhuman treatment are committed during war times) or imprisonment from
15 to 25 years of confinement, including the prohibition of certain rights.
Destruction of certain objectives and appropriation of certain assets includes criminal acts
that are committed in order to partially or totally destroy: hospitals (any buildings or ships which serve
as hospitals), sanitary storage facilities, as well as different means of transport that are used by the
healthcare system (including the Red Cross or any other organization similar to it) for the
transportation of the wounded / the diseased / sanitary goods; these buildings / means of transport /
facilities bear distinctive signs that identify them as such, in consequence there is no excuse for
destroying such objectives or assets no matter if it is war time or not. Romanian criminal law provides
a penalty of 5 to 20 years of imprisonment and the prohibition of certain rights. The law sanctions in a
similar way the militarily unjustified appropriation of large quantities of sanitary materials which are
meant to be used for the wounded or the deceased that have been captured by the enemy.
Destroying, pillaging or appropriating cultural values destruction in the absence of military
necessity of monuments / historical or archaeological sites / works of art / museums / libraries /
historical or scientific archives / manuscripts / valuable books / scientific collections is punished with
imprisonment from 5 to 20 years and the prohibition of certain rights.
The same penalty is applied for pillaging or appropriation of cultural values from occupied
territories during war time.
Bibliography
George J. Andreopoulos, Introduction: The Calculus of Genocide, in Genocide. Conceptual and Historical Dimensions,
edited by George J. Andreopoulos, Philadelphia: University of Pennsylvania Press, 1994, p. 1.
SECTION 5 - EU LAW
1. after that
2. in the beginning
3. used in an informal way (about language)
4. a person who considers very important for things to be correct or
genuine, e.g. in the use of the language or in the arts
5. a fundamental part or feature of a system, an organization, etc.
6. a plan of action, statement of ideals, etc., proposed or adopted by a
government, political party and so on
7. to be widespread, to exist or happen generally
8. unity, agreement and support resulting from shared interests,
feelings, actions, sympathies, etc.
9. to protect something or somebody
10. the existence in society of a number of groups that belong to
different races or have different political or religious beliefs
11. the condition in which every member of society, including its
rulers, accepts the authority of the law
12. to increase or improve further the good quality, value or status of
something/somebody
13. the ability to allow something that one does not like or agree with
to happen or continue
EXERCISE 2: read the following text, define the underlined terms and then answer the questions
below:
i) What Treaty established the EEC (European Economic Community)?
ii) What did the Maastricht Treaty create? When was the Maastricht Treaty signed?
iii) Why do legal purists blanch the term EU, and suggest the use of EC instead?
The EU was originally established as the European Economic Community (EEC, colloquially
known as the Common Market) by the 1957 Treaty of Rome. The name was later shortened to
European Community (EC). The 1992 Maastricht Treaty created the European Union, which is made
up of the EC, as well as two other pillars of cooperation in the areas of foreign policy and justice and
home affairs. We use the term European Community to refer to the period pre-Maastricht //, but we
use the term European Union to refer to all periods and the activities of all pillars thereafter. Legal
purists may blanch (formally, for instance, there is no such thing as EU law or an EU budget, only
Community law or Community budget) but for simplicitys sake we use the broad term EU.1
EXERCISE 3: read the following description of the three pillars of the EU. Choose one of the three
pillars to write a documented presentation of the activities and stages that it implied. In order to
accomplish this task, consult bibliographic suggestions at the end of this unit.
Pillar 1
European Community
Pillar 2
Common Foreign and Security
Policy
Policy responsibilities
Policy responsibilities common
Internal market (including action to strengthen security of
competition and external EU
trade)
Related policies
Preserve peace
(environmental, cohesion,
social)
Economic and monetary Promote international cooperation
union
Immigration, asylum, visas
Decision-making style
Decision-making style
Supranational
Primarily intergovernmental
Pillar 3
Justice and Home Affairs
Policy responsibilities
Cross-border crime
Criminal law
Police cooperation
Decision-making style
Usually intergovernmental2
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work, Oxford: Oxford University Press,
2003, p. 4.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 5.
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the
rule of law and respect for human rights, including the rights of persons belonging to minorities. These
values are common to the Member States in a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between women and men prevail.1 (Article 2 of the TEU)
1. The Unions aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers,
in which the free movement of persons is ensured in conjunction with appropriate measures with
respect to external border controls, asylum, immigration and the prevention and combating of crime.
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe
based on balanced economic growth and price stability, a highly competitive social market economy,
aiming at full employment and social progress, and a high level of protection and improvement of the
quality of the environment. It shall promote scientific and technological advance.
It shall combat social exclusion and discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and protection of the rights of the
child.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europes cultural heritage
is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the Euro.
5. In its relations with the wider world, the Union shall uphold and promote its values and interests to
contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable
development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication
of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict
observance and the development of international law, including respect for the principles of the United
Nations Charter.2 (Article 3 of the TEU)
IV. DEVELOPING TRANSLATION SKILLS
IV.1. Translate into Romanian:
The objective of the third pillar is to increase cooperation in the areas of internal security
such as the fight against international crime and the drug trade. As in Pillar 2, decision-making in Pillar
3 is highly intergovernmental. Common action is loose and unanimity required for virtually all
important decisions.
Sometimes Treaty reform can shift policy responsibility from one pillar to another. When this
occurs, the nature of decision-making power can also shift significantly. For instance, when the 1997
Official
Journal
of
the
European
Union,
C
83/13
available
on-line
at
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF accessed on 19th September 2013.
2
Idem.
Amsterdam Treaty moved policy on visas, immigration, and asylum from the third to the first pillar, it
signalled a shift towards more supranational decision-making in this area.1
IV.2. Translate the following sentences into English:
1. Iniiativa crerii UE a aparinut prinilor fondatori ai acesteia (Konrad Adenauer, Jean Monnet,
Robert Schuman, Joseph Bech, Winston Churchill, Sicco Mansholt, Walter Hallstein, Alcide de
Gasperi, Johan Beyen, Altiero Spinelli i Paul-Henri Spaak) i a urmrit unificarea pe plan politic i
economic a statelor europene care se aflau n afara Blocului Sovietic.
2. Obiectivele principale ale UE sunt: asigurarea unui spaiu European sigur, prin securizarea
granielor, uniformizarea prevederilor legislative comunitare, combaterea crimei organizate,
dezvoltarea economic a statelor membre, promovarea pcii, garantarea respectrii drepturilor omului,
protecia mediului i a valorilor culturale specifice fiecrei naiuni.
3. Graie apartenenei la spaiul european, cetenii din zona UE se bucur de o serie de drepturi civile
i politice suplimentare celor pe care li le asigura cetenia lor naional.
4. Cei aproximativ 500 de milioane de ceteni ai UE pot lucra n orice stat european graie dreptului la
mobilitate de care se bucur n spaiul Uniunii.
5.Moneda Euro a fost lansat n 1999. n prezent, ea este folosit de 17 state.
f) refers to the ultimate authority over people and territory. It is sometimes broken down into
internal (law-making authority within a territory) and external (international recognition). Opinions
vary as to whether state sovereignty is surrendered or merely shared in the context of the EU.
g) means above states or nations. That is, decisions are made by a process or institution which is
independent of national governments. The subject governments (in the case of the EU, the member
state governments) are then obliged to accept these decisions. The European Court of Justice (ECJ) is a
supranational institution. The term supranationalism is usually contrasted to intergovernmentalism.
h) is a principle originally derived from catholic theology. It has been developed in the EU to help
determine how different public policy goals can be best pursued, by whom, and at what level of
governance. The Treaties require the EU to take action only if the objective of the proposed action
cannot be sufficiently achieved by the member states1
II. Fill in the gaps with the following terms: currency, wealth, legislation, aid, trade:
The EUs practical impact is felt in several areas including:
: it is estimated that over 50% of domestic legislation of the Unions member states originates
in or is linked to EU legislation.
: in 2002, 12 national currencies some dating back 600 years ceased to be legal tender and
were replaced by the Euro. Over 300 million consumers now use this single currency.
: the EUs collective wealth (Gross Domestic Product) accounts for 28% of the worlds total.
: not counting intra-EU trade, the EUs share of the world trade (imports and exports) is
about equal to that of the US, accounting for over 20% of all global trade.
: the EU and its member states are the worlds largest donors of development aid, accounting
for over 50%. They are also the worlds largest importer of goods from less developed
countries.2
VI. DEVELOPING WRITING SKILLS
Consult at least two bibliographic sources and write about one of the following treaties: the Rome
Treaties, the Maastricht Treaty, the Nice Treaty or the Lisbon Treaty.
Bibliography
1
2
Online bibliography
a. to have priority
b. diverging points
c. a synonym for a pact
d. this act either designates a special type of treaty or it establishes
an agreement that more countries have concluded as regards a
global matter
5. to take precedence
e. a term that stands for diplomatic etiquette or any additions to an
existing treaty
6. protocol
f. a member-state in an international treaty
7. Copenhaga criteria
g. the whole set of common rights and duties that are granted and
imposed on EU member states
8. covenant
h. a formal agreement between states
9. Aquis Communautaire i. any country that intends to join the EU must observe these criteria
(often referred to as the (they are also known as the accession criteria), which were
acquis)
established by the European Council in 1993
10. TEU
j. The Treaty Establishing the European Community
11. Accession Treaty
k. The Treaty on the Functioning of the EU
12. TEC
l. This document provides that a state becomes an EU member. Its
enforcement starts on a pre-arranged date.
13. TFEU
m. Treaty on EU
EXERCISE 2: choose the right answer in the sentences below:
1. The French phrase acquis communautaire denotes the entire body of EU laws1, including the
European Court of Justice case law/apart from the European Court of Justice case law.
1
We use the phrase the entire body of EU laws to refer to the EU constitutional framework and the EU treaties, EU
directives, opinions, regulations, etc.
3. In what documents was the Treaty of Rome revised? When were these documents signed?
4. What do ECSC, EEC, TEC, TFEU and TEU stand for?
c. In the chart below match the EU Treaties to the years when they came into force; columns A and
C are already matched:
A
Treaty of Lisbon
B
Signed: 2001
Entered into force: 2003
Treaty of Nice
Signed: 2007
Entered into force: 2009
Treaty of Amsterdam
Signed: 1992
Entered into force: 1993
Maastricht Treaty
(TEU)
Single European Act
(SEA)
Brussels Treaty
Signed: 1997
Entered into force: 1999
Signed: 1965
Entered into force: 1967
Signed: 1986
Entered into force: 1987
Treaties of Rome
Signed: 1951
Entered into force: 1952
Treaty establishing
ECSC
Signed: 1957
Entered into force: 1958
C
This Treaty was meant to make the EU
function better from a democratic point of
view. It gave more coherence to EU policies
regarding
global
issues
(such
as
environmental problems, for example). The
European Council became one of the seven
EU institutions subsequent to the coming
into force of the Lisbon Treaty.
This Treaty came into force in order to make
the EU function properly subsequent to the
adherence of 25 member states.
This Treaty came into force in order to
facilitate the adherence of subsequent EU
member states. This Treaty brought a series
of reforms of the EU institutions.
This Treaty established the EU.
The role of this Treaty was to create a single
European market.
This Treaty set up a sole Commission and a
sole Council, which were meant to serve
ECSC, EEC and EURATOM. Later on this
treaty was abolished by the Treaty of
Amsterdam.
These Treaties were meant to enlarge EU
integration and consolidate economic
cooperation.
Thanks to this Treaty no country could
consolidate its military industry without the
other states knowing it.
EXERCISE 4: insert the following fragments (a, b, c and d) into the paragraphs below (1, 2, 3 and
4):
Fragments: a), b), c) and d):
a) The German question then became how to maximize the economic and military potential of the
FRG1 for the benefit of the West while allaying the understandable concerns of Germanys neighbours,
especially France.1
1
FRG stands for the former Federal Republic of Germany, also known as West Germany.
b) These challenges ranged from post-war reconstruction to international financial turmoil, to the
consequences of the end of the Cold War.2
c) The UK has already taken the initiative on military security in Europe, having pressed the US to
negotiate the North Atlantic Treaty (which founded NATO, the North Atlantic Treaty Organization).
Yet, the UK was reluctant for reasons of history, national sovereignty and economic policy to go
beyond anything but intergovernmental cooperation.3
d) European governments wanted American dollars for post-war reconstruction, but without any
strings attached.4
Paragraphs 1), 2), 3) and 4):
1) European countries responded to a series of domestic, regional and global challenges after the
Second World War by integrating economically and politically. ..Driven largely by
nation interests, Franco-German bargains, and American influence, Europeans responded by
establishing the European Community and later the EU. Deep integration challenged cherished national
concepts of identity, sovereignty and legitimacy. Successive rounds of enlargement, which saw EU
grow in size from its original six member states, also generated institutional policy challenges that have
shaped the contours of European integration.5
2) The most pressing question at the end of the war was what to do about Germany. The question
became acute with the onset of the Cold War. As the Soviet Union consolidated its control over the
eastern part of the country, the Western Powers the UK, France and the USA facilitated the
establishment of democratic and free market institutions in what became the Federal Republic of
Germany (FRG). .France accepted a
supranational solution to the problem of German economic recovery, but not to the problem of German
remilitarization.6
3) The US championed integration as a means of reconciling old enemies, promoting prosperity and
strengthening Western Europes resistance to communism. The Marshall Plan was the main instrument
of American policy. For their part, the
Americans insisted that European recipients coordinate their plans for using the aid. That was the
extent of European integration in the late 1940s. The UK had no interest in sharing sovereignty. France
wanted to keep the old enemy down and exploit Germanys coal-rich Ruhr region. Few countries were
willing to liberalize trade.7
It was Germanys rapid economic growth, thanks in part to the Marshall Plan, which made the
status quo untenable. The US wanted to accelerate German recovery in order to reduce occupation
costs and promote recovery throughout Europe. A weak West Germany, the Americans argued, meant
a weak Western Europe. France agreed, but urged caution. France wanted to modernize its own
economy before allowing Germanys economy to rebound. Indeed, France agreed to establish the FRG
1
only on condition that German coal production (a key material for war-making) remained under
international control. 1
4) German expressions of resentment of French policy fell on receptive American disposal of the
West. Yet, the US was not insensitive to French economic and security interests. Rather than impose a
solution, Washington pressed Paris to devise a policy that would allay French concerns about the Ruhr
region, without endangering Germanys full recovery. Given its preferences for European integration,
the US hoped that France would take a supranational tack. Originally, the US wanted the UK to lead on
the American question. ..The UKs
prestige in Europe was then at its height. Continental countries looked to the UK for leadership. Such
leadership, however, was absent, and under mounting American pressure, France came up with a novel
idea to reconcile Franco-German interests by pooling coal and steel resources under a supranational
High Authority.2
sectors (say, coal and steel) across borders could spill over and provoke wider economic integration
in related areas (say agriculture) //. More ambitiously, neofunctionalists believed this economic
integration would produce political integration and the creation of common, integrated, supranational
institutions to accelerate this process1
Liberal intergovernmentalism
Each states preferences reflect the balance of their domestic economic interests. The outcomes of EU
negotiations are the result of intergovernmental bargaining; that is, bargaining between sovereign
national governments. Any subsequent delegation to supranational institutions is calculated, rational
and circumscribed. In short, national governments first define a set of interests, and then bargain among
themselves to realize those interests. 2
New institutionalism
emphasizes the importance of institutions in shaping or even determining government preferences.
In the EU context, new institutionalism demonstrates how the EUs common institutions (Commission,
Council, Parliament or Courts) are more than impartial arbiters in the policy-making process: they are
key players with their own agenda and priorities. For new institutionalists, institutions refer not only
to institutions traditionally defined executives, parliaments, courts but also to values, norms and
informal conventions that govern social exchanges between actors.3
Bibliography
Michelle, Cini, European Union Politics, Oxford University Press, Oxford, 2004
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Ernst Haas, The Uniting of Europe: Political, Social, and Economic Forces, 1950-1957,
Stanford University Press, 1958
Andrew, Moravcsik, The Choice for Europe: Social Purpose and State Power from Messina to
Maastricht, Ithaca: Cornell University Press, 1998
Oxford Learners Advanced Dictionary, Oxford: Oxford University Press, 2009
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford, OUP, 2008
The Penguin Dictionary of International Relations, London, New York: Penguin Books, 1998
Rosamond, B., Theories of European Integration, Palgrave Macmillan, Basingstoke, 1999
Online bibliography
reconciliation rather than realpolitik (9). In fact, the initiative cleverly combined national and European
interests.1
EXERCISE 2: try to match the terms on the left to their definitions on the right:
1) civil service
2) GDP
3) GNP
4) EDC
5) WEU
6) to protract
7) to prorogue
8) approach (noun)
9) to rehabilitate
10) reversal
a) to postpone
b) Western European Union
c) to prolong
d) the act of reversing to
e) Gross Domestic Product
f) to re-establish ones good reputation
g) Gross National Product
h) European Defence Community
i) the branch of public service that deals with administrative
functions of the government except for military services
j) perspective over a topic
EXERCIES 3: insert the following terms into the gaps below: European Defence Community, the
Schengen Agreement, the Marshall Plan:
. (1947) was an aid package from the US of $ 13 billion (a lot of money in 1947, 5% of US GNP)
to help rebuild West European economies after the war. The aid was given on condition that European
states cooperate and jointly administer these funds.
. was signed by five member states in 1985 (Belgium, France, Germany, Luxembourg and the
Netherlands) and came into effect ten years later. It removes all border controls among its
signatories2
. The same six countries (the Six) signed a treaty to establish a defence community in 1952.
The rationale for both communities was the same: supranational institutions provided the best means of
managing German recovery. In this case, the outbreak of the Korean War in June 1950, which caused a
war scare in Europe, made German remilitarization imperative. France at first resisted, and then
acquiesced on condition that German military units were subsumed into a new European Defence
Community (EDC). Like the Schuman Plan, the plan for the EDC sought to make a virtue (European
integration) out of necessity (German remilitarization).3
III. DEVELOPING TRANSLATION SKILLS
EXERCISE 1: translate into English:
1. Planul Schuman a fost conceput de Robert Schuman n colaborare cu Jean Monnet.
2. Ziua UE este 9 mai 1950, n amintirea zilei n care Robert Schuman a prezentat celebrul su plan de
reconstrucie a Europei.
3. Prin Planul Schuman s-a ncercat s se impun un control riguros i exercitat n comun asupra
cantitilor de crbune i oel produse de Frana, Germania, Italia, Olanda, Belgia i Luxemburg.
1
4. Crbunele i oelul, materii prime n industria armamentului, aveau s fie produse n cantiti
moderate, aa nct niciuna din cele 6 ri mai sus amintite s nu poat deveni o for militar care s
pericliteze viitorul Europei sau al oricror altor ri.
5. Cancelarul german, Konrad Adenauer, a considerat Planul Schuman ca fiind proiectul de
reconstrucie a Europei i de reabilitare a Germaniei dup Cel de Al Doilea Rzboi Mondial. Ca
urmare, la data de 1 aprilie 1951, a fost semnat acordul privind fondarea Comunitii Europene a
Crbunelui i a Oelului n Paris de ctre: Frana, Germania, Italia, Olanda, Belgia i Luxemburg.
EXERCISE 2: translate into Romanian:
Although the EDC was French proposal, most French people fiercely opposed German
remilitarization. The EDC became the most divisive issue in the country. In view of the treatys
unpopularity the government delayed ratification for two years. The French Parliament ignominiously
defeated the treaty in 1954.
Ironically, Germany formed an army anyway, under the auspices of the Western European
Union (WEU), an intergovernmental organization comprising the UK and the Six and established in
1954. (The WEU also divided French opinion, but its intergovernmental nature and British sponsorship
sufficed to ensure ratification in the French Parliament). Germany joined NATO via the WEU in May
1955 and effectively regained full formal sovereignty. Whereas the intergovernmental WEU endured
(until it was folded into the EU), the European Defence Community was a bridge too far for European
integration. At a time when the Six were setting up the ECSC, the launch of a similar supranational
initiative in the much more sensitive defence sector was too ambitious. Even if it had come into
existence, in all likelihood the EDC would have been unworkable. Resistance to its implementation,
especially from the far left and far right, would have been intense. The EDC brought the idea of
supranationalism into disrepute. The end of the affair allowed supporters of supranationalism to jettison
the baggage of German remilitarization and concentrate on first principles: economic integration. 1
IV. DEVELOPING READING SKILLS
EXERCISE 1:
a. Define the bolded terms in the following text;
b. Add suffixes and prefixes to the words written in capital letters in the right column in the following
table in order to fill in the gaps in the left column.
The (1) of European integration after the EDCs collapse was due not to
Monnet or support for EURATOM, but to changes in international trade relations
in the mid-1950s.
Thanks largely to (2) measures in the Organization for European Economic
Cooperation (OEEC) and the General Agreement on Tariffs and Trade (GATT),
intra-European trade was on the rise.
With it, prosperity increased. European governments wanted more trade, but
disagreed on the rate and range of liberalization. The British favoured (3)
liberalization through the OEEC and GATT, as did influential elements in the
German government.//
The Dutch had proposed a common market for all industrial sectors in the early
1950s. This would combine a customs union (the (4) abolition of tariffs
among member states //) with the free movement of goods, people,
1
Idem.
LAUNCH
LIBERALIZE
FAR
PHASE
1. a group of states that have chosen to be politically linked after the fall of the
British Empire
2. not supporting an idea; not agreeing with an idea
3. to accept without protest
4. blocked
5. free, not restricted (e.g. ~ access)
6. supported (about a cause)
7. different in appearance or from normal
EXERCISE 3: read the text below and answer the following questions:
1. What was de Gaulles attitude regarding the nation state and its relations with other states?
2. What is qualified majority voting (QMV)?
3. Why did de Gaulle reject majority voting?
4. What was the Empty Chair Crisis about and how was it solved?
5. What did the Luxembourg compromise imply?
Crisis and compromise
In de Gaulles view, the nation state was supreme. States could and should form alliances and
collaborate closely, but only on the basis of intergovernmentalism, not shared sovereignty. Yet, de
Gaulle thought that the Community could be useful politically as the basis of an intergovernmental
organization of European states.
A clash over supranationalism was likely to arise in 1965 as, under the terms of the Rome
Treaty, a number of decisions in key policy areas, including agriculture, were due to become subject to
qualified majority voting (QMV). Majority voting is a key instrument of supranationalism because
member states on the losing side agree to abide by the majoritys decision. De Gaulle rejected this on
principle, seeing QMV as an unacceptable abrogation of national sovereignty. The looming
confrontation erupted in June 1965, when de Gaulle triggered the so-called Empty Chair Crisis by
withdrawing French representation in the Council ostensibly in protest against Commission proposals
to strengthen the ECs budgetary powers, but really in an effort to force other member states to agree
not to extend the use of QMV. De Gaulle had a compelling practical reason to resist qualified majority
voting: he wanted to protect CAP against a voting coalition of liberal member states.
The crisis ended in January 1966 with the so-called Luxembourg Compromise. The Treatys
provisions of QMV would stand, but the Council would not take a vote if a member state insisted that
very important interests were at stake. The Luxembourg Compromise tipped the balance toward
intergovernmentalism in the Communitys decision-making process, with unanimity becoming the
norm. This had a detrimental effect on decision-making until the SEA (Single European Act) took
effect in 1987.1
V. DEVELOPING WRITING SKILLS
1) Try to write a concise yet well documented presentation of the Empty Chair Crisis.
2) Try to present in detail the project of the Schuman Plan (historical and political context, opportunity
and consequences).
Bibliography
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Peggy Hahn, The European Union, New York: Chelsea House Books, 2008
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford, OUP, 2008
Online bibliography
UNIT IV - EU INSTITUTIONS
Official
Journal
of
the
European
Union,
C
83/13
available
on-line
at
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF accessed on 19th September 2013.
EXERCISE 2: fill in the gaps with the following words: decision-making, requirement, legitimacy, as
a result, extended:
Now that it is directly elected, Parliament enjoys democratic (1) and can truly claim to represent
the citizens of the EU Member States. But the mere existence of a directly elected Parliament cannot
satisfy the fundamental (2) of a democratic constitution, which is that all public authority must
emanate from the people. That does not only mean that the (3) process must be transparent and the
decision-making institutions representative; parliamentary control is required, and Parliament must
lend legitimacy to the Union institutions involved in the decision-making process. A great deal of
progress has been made in this area over recent years. Not only have the rights of Parliament been
continually (4), but the Treaty of Lisbon has explicitly established the obligation for EU action to
adhere to the principle of representative democracy. (5), all citizens of the Union are directly
represented in Parliament and entitled to participate actively in the EUs democratic life.1
EXERCISE 3: explain the underlined words (in English) and replace them with a synonym:
no government in the normal sense exists at EU level. Instead, the functions analogous to
government provided for in the Union Treaties are performed by the Council and the European
Commission according to a form of division of labour. Nevertheless, the Treaty of Lisbon gave
Parliament extensive powers in respect of appointments to the Commission, ranging from election by
Parliament of the President of the Commission on the recommendation of the European Council, to
Parliaments vote of approval of the full college of Commissioners (right of investiture). However,
Parliament has no such influence over the membership of the Council, which is subject to
parliamentary control only insofar as each of its members, as a national Minister, is answerable to the
national parliament.
The role of the European Parliament in the EUs legislative process has increased considerably.
The raising of the co-decision procedure to the level of ordinary legislative procedure has, in effect,
turned the European Parliament into a co-legislator alongside the Council.
In the ordinary legislative procedure, Parliament can not only put forward amendments to
legislation at various readings but also, within certain limits, get them accepted by the Council. Union
Legislation cannot be passed without agreement between the Council and the EU Parliament.2
EXERCISE 4: fill in the gaps with the following words: issuing, actual, comprise, office, outstanding,
Presidency:
The Treaty of Lisbon created the (1) of President of the European Council. The President of
the European Council, unlike the (2) up to now, has a European mandate, not a national one,
running for two and a half years on a full-time basis. The person appointed President should be an
(3) personality, selected by qualified majority voting of the Members of the European Council. Reelection is possible once. The Presidents tasks (4): the preparation and follow-up of European
Council meetings and representing the EU at international summits in the area of foreign and security
policy.
The (5) function of the European Council itself is to establish the general policy guidelines
for EU action. It does so by taking basic policy decisions and (6) instructions and guidelines to the
Council or the European Commission. The European Council has in this way directed wok on
1
2
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU, 2010, p. 48.
Klaus-Dieter Borchardt, op. cit., p. 49-50.
economic and monetary union, the European Monetary System, direct elections to Parliament and a
number of accession issues.1
EXERCISE 5:
I. After reading the fragments below, answer the following questions:
1. What do you understand by legislative procedure?
2. What does the co-decision procedure of the European Parliament imply?
3. What does the consultation procedure of the European Parliament refer to?
4. Why is the assent procedure used by the European Parliament?
5. Define the phrase cooperation procedure according to the text below.
Legislative procedures
The co-decision procedure is the main decision-making procedure for the European
Community (the first pillar of the EU). It is based on the principle of parity: that is, that no European
decision can be taken without the agreement of both the EU Council and the European Parliament.
The consultation procedure was the original EC decision-making procedure, as outlined in the
Treaty of Rome. Consultation allows the European Parliament to give its opinion on Commission
proposals, before the Council takes a decision. Once the Parliaments opinion is made known, the
Commission can amend its proposal if it sees fit, before the Council examines it. The Council can then
adopt the proposal, or can amend it. If they wish to reject it, they must do so unanimously. Under the
majority of procedures within the EC pillar, qualified majority voting now applies to votes taken in the
EU Council. The use of unanimity is reserved for particularly sensitive political or constitutional issues.
It is also in general use (with a few minor exceptions) in Pillars 2 and 3.
The assent procedure was introduced in the Single European Act. When this procedure is used,
the Council has to get the agreement (or assent) of the European Parliament before policy decisions
are taken. Under this procedure the Parliament can say yes or no to a proposal, but does not have
any right to propose amendments to it. Assent is used in only a relatively small number of policy areas,
covering EU enlargement and international agreements, for example.
The cooperation procedure was introduced in the Single European Act, and was extended by
the Maastricht Treaty. However, at Amsterdam, governments agreed to privilege the co-decision
procedure and cut back on areas where cooperation was used. It is now used only for economic and
monetary union decision.2
II. Insert the following fragments (a, b, c, d) into the right gap (1, 2, 3, 4):
a) It does consist of representative members from each of the constituent sates but they are elected to
represent regional constituencies and political parties and not state governments.3
b) the executive of the Community, was given the sole right as the proposer of legislation under
Art. 155 (now 211) of the original EEC Treaty, although this has been in effect partially circumvented
by the Council and European Council.4
1
c) By its methods of action it is more intergovernmental and was described so by the Italian member
of the European Parliament, Spinelli, largely responsible for the Parliaments Draft Treaty on European
Union published first in 1984.1
d) The expansion of 2004 meant that finding the appropriate balance in terms of voting rights of each
country has been difficult but the underlying principle remains that it provides a way for the Council to
function by majority voting, but that this has to represent a certain proportion of the Union in terms of
both the number of countries and a majority of the population of the Union.2
The Council of Ministers is governed by Treaty Articles 202-210 // and is the principal legislative
organ of the Communities. Its composition is outlined in Article 203 (ex. 146) and consists of
representative government Ministers of the Member States depending on the subject matter under
discussion. Foreign Ministers attend the general Council and the agriculture or finance ministers, for
example, attend the specialist Councils.
Article 202 (ex. 145) EC imposes on the Council the duty of ensuring the coordination of the
general economic policies of the Member States and confers upon it the power to take decisions and to
delegate decision making powers to the Commission.
The Council has the final power of decision for the adoption of legislative proposals made by
the Commission. Depending on the Treaty requirements it may have to consult the EP, the Economic
and Social Committee or the Committee of the Regions and, by later amendments to the Treaty made
by the Single European Act (SEA), the Treaty on European Union and the Treaty of Amsterdam, share
the law making process with the EP. The Nice Treaty has also made changes. It reaches its decisions by
voting, but the majority required differs depending on which Treaty Article the legislative proposal is
based. Article 205 (ex. 148) provides three different proceedings consisting of a simple majority,
qualified majority or unanimity voting. The qualified majority provides a means whereby decisions can
be made without having to get the agreement of every Member State.. (1) 3
The Council is federal in that it consists of representatives of the Member States who meet
together to act in a legislative capacity, creating rules binding on the constituent Member States.
However, it is more often the case that national interests are pursued by the individual members rather
than the Council acting collectively first and foremost in the interest of the Community. Furthermore, it
is not the equivalent of a federal government as other institutions in the Community play a part in the
legislative and executive processes, namely the European Parliament and the Commission. Thus, to
describe it as a federal was perhaps too optimistic. .// (2)4
The Commission (3). It has its own powers of decision and is able to
exercise powers delegated to it by the Council. This is now subject to the measures under Art 202 (ex
145), regulating the management committee structure. // it consists of members appointed by
common accord of the Member States. Commissioners are required to act independently (Arts 213-214
(ex 157-158)). The Commissioners are required under oath to act in the interest of the Community
rather than in the interest of the host Member States. The Commission is, however, described as
multinational or supranational, and not federal, because the Commissioners are not representing or
acting for the constituent states but for the Community.5
1
Idem.
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 15.
3
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 15-16.
4
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 16.
5
Idem.
2
The European Parliament, originally called the Assembly, and consisting of members
nominated from the Member States governments, is now directly elected. It is arguably more aptly
named an Assembly, consisting only of one chamber, whereas a Parliament usually consists of two
chambers and a Head of State. // The Maastricht Treaty introduced a co-decision procedure, by
which the EP enjoys an ultimate power of veto over proposed legislation, which was extended into
more areas by the Treaty of Amsterdam and the Treaty of Nice and will be further increased if and
when the Constitutional Treaty for Europe enters into force.// (4).1
EXERCISE 6
a) Read the following presentations of the EU institutions and explain how the EU institutions are
organized hierarchically.
b) Discuss with your colleagues the importance of these institutions according to the information
that you have read in this unit so far and according to your general knowledge regarding European
Union institutions.
I) A GENERAL PRESENTATION OF THE EU INSTITUTIONS
EUROPEAN COUNCIL
(It comprises 28 Heads of State / Government, as well as the President of the European Council and the
President of the Commission)
THE COUNCIL
28 Ministers
(one per Member State)
EUROPEAN COMMISSION
7 Members (until 2014)
EUROPEAN ECONOMIC
AND SOCIAL COMMITTEE
350 Members (maximum)
EUROPEAN
CENTRAL
BANK
COURT OF AUDITORS
28 Members
(one per member state)
EUROPEAN INVESTMENT
BANK
Drawing up
Legislation
17. The Council of the European Union (EU Council) is similar / different from the Council of Europe /
the European Council. Explain.
18. The Council of the European Union is entitled to adjudicated on EU laws that are proposed by the
European Commission / has no legislative powers as regards EU laws that are proposed by the
European Commission.
19. The Presidency of the Council of the European Union is rotated through the member states every
six months / every other year.
Bibliography
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Michelle Cini, European Union Politics, Oxford: Oxford University Press, 2007
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008
Peggy Hahn, The European Union, New York: Chelsea House Books, 2008
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford: Oxford University Press, 2008
Oxford Learners Advanced Dictionary, Oxford: Oxford University Press, 2009
The Penguin Dictionary of International Relations, London, New York: Penguin Books, 1998
Online bibliography
EXERCISE 2: read the summary below and then answer the following questions:
1) Who can bring a case before the European Court of Human Rights?
2) What is the structure of ECHR (think of its sections, Chambers and Grand Chamber)?
3) Who decides whether a case is admissible?
4) What is the role of the Grand Chamber?
5) What is the role played by ad hoc judges?
persons) and States can submit applications with the Court. ECHR may award financial damages to
individuals if proved that their fundamental human rights and freedoms were violated.
Any judgment that is delivered by the Court is binding on the states involved in the cases that
the courts admitted. Sometimes the judgments adopted by ECHR may lead to modifications in
domestic legislation.
The fact that the European Court of Human Rights protects the human rights of citizens coming
from the 47 Council of Europe member states represents a supplementary measure of protection for
rule of law and democratic values.
The European Convention on Human Rights was signed in 1950 in Rome. It has been in force
ever since 1953. So far this international treaty has been ratified by 47 Council of Europe member
states. All member states that ratified the European Convention on Human Rights are bound to observe
civil and political rights of their citizens and of all persons within their jurisdiction.
The Convention ensures the observance of the following fundamental human rights: the right to
life, the right to a fair trial, the right to respect for private life, freedom of religion, of conscience and of
thought, as well as protection of property. The European Convention on Human Rights has the mission
to interdict breaches of human rights like: death penalty, slavery, torture, inhuman treatment /
punishment, degrading treatment / punishment, unlawful detention, discrimination in the exercise of the
fundamental human rights and freedoms.
ECHR comprises 47 judges, which is equivalent with the number of countries that have adhered
to the European Convention on Human Rights. They have a term of nine years. Judges are elected by
the Parliamentary Assembly of the Council of Europe. Each State sends a list of three candidates from
which the Parliamentary Assembly elects one for each State. ECHR also uses ad hoc judges whenever
the national judge cannot sit in a case due to different reasons (such as his/her withdrawal or inability,
for example). Ad hoc judges are appointed by the government.
ECHR has 5 sections (they are administrative entities within the Court); each of the 5 sections
has a President and a Vice-President as well as a number of judges. A Chamber is a judicial formation
of the Court within a given Section.
The Grand Chamber is made up of 17 judges. Besides its President and Vice-Presidents, the
Grand Chamber also includes Section Presidents and a national judge (appointed in accordance with
the nationality of the party that is tried), as well as other judges that are selected to take part in the
judged case. The Grand Chamber hears cases if a Chamber considers that the pending case falls out of
its jurisdiction or whenever a request for referral is accepted.
EXERCISE 3:
For the next seminar students are asked to read the judgment delivered by the ECHR in the CASE
OF GRIGORA v. ROMANIA (Application no. 19188 / 03)1. Students are strongly advised to read the
ECHR judgment as a parallel text (English - Romanian) and to identify any new word or phrase in the
two language source texts (see the footnote below, as well as pages 129-130 in this book).
On the basis of the two links indicated in footnote 1 on the previous page (see also pages 129130 in this book), students are assigned three tasks:
3.1) Explaining new vocabulary;
1
For the full versions (English and Romanian) of the judgment use the following links:
http://www.scj.ro/strasbourg%5Cgrigoras%20romania%20EN.html accessed on 12th March 2013.
http://www.euroavocatura.ro/legislatie/581/Hotararea_CEDO_in_Cauza_Grigoras_impotriva_Romaniei accessed on 12th
March 2013.
3.2) Translating Romanian fragments related to the activity of the ECHR into English;
3.3) Reading the parallel texts (Romanian-English fragments) selected for the seminar.
3.1) Using the links indicated at footnote no. 1, explain the meaning of the following words and
phrases in English and then give the Romanian equivalent to them:
- merits (the merits of the case);
- procedure (the procedure used in the case);
- lodged with the Court (an application against Romania lodged with the Court);
- the applicants;
- admissibility (admissibility of the case);
- to dismiss an application;
- annulled the seizure (of the property);
- to have the sale declared null and void;
- tenants;
- under Law no.112 / 1995;
- immovable property.
IN FAPT
I. Circumstanele cauzei
4. Reclamanii s-au nscut n anul 1956 i
locuiesc n Bad Neuenahr.
5. La data de 28 septembrie 1989, apartamentul
14 din str. Turda nr. 108, municipiul Bucureti,
proprietatea reclamanilor, a fost confiscat de
stat n baza Decretului nr. 223/1974 privind
reglementarea situaiei unor bunuri, cu plata unei
compensaii, ca urmare a hotrrii lor de a prsi
ara. Din dosarul respectiv rezult c reclamanii
fuseser pri n procedura respectiv, astfel not been parties in that set of proceedings,
nct hotrrea definitiv respectiv nu le era therefore the final judgment was not opposable
opozabil.1
by them.2
III. DEVELOPING WRITING SKILLS
Using the information in this unit, as well as the bilingual displays of the judgments delivered
by ECHR, which are available on the site http://eur-lex.europa.eu , write a summary of a case in
which a Romanian citizen sued the Romanian State at the Court of Strasbourg for having his
fundamental civil and political rights and freedoms infringed by Romania.
IV. FINAL COMMENTS: did you know that an application to ECHR basically involves 3
steps? See the tables below.
Step 1
AT NATIONAL LEVEL
Dispute / litigation to be settled
The case is tried before national courts
The highest domestic court adopts a final decision
Step 2
AT ECHR LEVEL
Application to the Court
Initial analysis
Inadmissibility
admissibility and merits are examined
admissibility is decided
The judgment finds a violation
OR the judgment finds no violation
The applicant requests the case to be re-examined
(The request is dismissed OR the request is accepted=> referral to the Great Chamber)
The final judgment finds a violation OR does not find a violation
Step 3
EXECUTION OF THE DELIVERED JUDGMENT
Bibliography
For the full versions (English and Romanian) of the judgment use the following links:
http://www.scj.ro/strasbourg%5Cgrigoras%20romania%20EN.html accessed on 12th March 2013.
http://www.euroavocatura.ro/legislatie/581/Hotararea_CEDO_in_Cauza_Grigoras_impotriva_Romaniei accessed on 12th
March 2013.
2
Idem.
Online bibliography
http://www.echr.coe.int/Pages/home.aspx?p=home accessed on 12th March 2013
For the full versions (English and Romanian) of the judgment use the following links:
http://www.scj.ro/strasbourg%5Cgrigoras%20romania%20EN.html accessed on 12th March
2013
http://www.euroavocatura.ro/legislatie/581/Hotararea_CEDO_in_Cauza_Grigoras_impotriva_R
omaniei accessed on 12th March 2013
PART 2
GRAMMAR
I.1. Introduction
What is the role of the three forms of the verb that learners of English language must study?
Let us consider the following examples1:
EXAMPLES OF IRREGULAR VERBS
INFINITIVE
PAST
Examples of irregular verbs
PAST PARTICIPLE
to abide by
to bind
to draw up
to lay down
to set forth
to uphold
abided by
bound
drawn up
laid down
set forth
upheld
abode / abided by
bound
drew up
laid down
set forth
upheld
PAST
altered
compelled
dnfranchised
modified
repealed
sued
PAST PARTICIPLE
altered
compelled
enfranchised
modified
repealed
sued
Examples given include verbs that are used in legal contexts. In consequence, the readers of this book will have to focus
on the legal meaning of these verbs.
PRESENT SIMPLE
+
PAST SIMPLE
FUTURE SIMPLE
PRESENT
CONTINUOUS
FUTURE CONTINUOUS
PAST CONTINUOUS
They are working on They were working on that This time next month they will
this case at the moment. case in September 2011.
be working on this case.
We
wont
be
working
tomorrow from 3 to 5 pm due to
a few technical problems that
our firm must settle.
Will you be waiting for us to
get over our financial problems?
In a few months we will have
paid all our debts.
PRESENT PERFECT
CONTINUOUS
FUTURE PERFECT
CONTINUOUS
PAST PERFECT
CONTINUOUS
How long have you How long had they been How long will you have been
been waiting here? You waiting for the suspect to studying criminalistics in 2013?
look so upset.
show up when they took
this photo?
FUTURE-IN-THE-PAST
+
E.g.: A lawyer usually advises clients and defends them in court whenever he / she can take legal
action against a natural or legal person who is supposed to have committed a crime or who is assumed
to be liable for not having accomplished a legal duty (such as the duties provided by contracts). A
trainee lawyer quite frequently interrogates clients, draws up briefs and assists a more experienced
lawyer in the firm.
Expresses a future action which takes place in accordance with an official programme (such as:
the timetable of arrivals and departures in an airport, railway station, etc.; the programme of a
conference that is on display, etc.):
E.g.: Our guests arrive at Otopeni Airport at 6 pm, according to the timetable.
Present simple is also used in Adverbial Clauses of Time and in If-clauses when the actions
they express refer to a present or future context:
E.g.: When the evidence arrives from the laboratory, we will be able to draw a few conclusions.
If you build your speech like this, you will not convince the judge of your clients innocence.
E.g.: These days the police are combing the city in order to find a dangerous criminal.
E.g.: Usually, our firm deals with commercial issues, but this year we are dealing with an unexpected
number of criminal causes. Consequently, lawyers specialized in criminal matters are busier than usual.
Expresses a present result of an action which took place at an indefinite moment / during an
indefinite period of time (it is very important that the speaker does not mention WHEN the
action took place but that the action happened):
E.g.: Compare:
a) Parliament has passed a new law on the protection of childrens rights. (=> the action is
completed and it has a present effect, namely that there is a new law on the protection of childrens
rights, whose provisions must be observed).
with
b) In 2010 the Romanian Parliament passed a new law on the protection of childrens rights. (=>
the speaker is interested WHEN this happened; whenever the speaker mentions when the action
took place yesterday, two days ago, last week, in the 19th century, in 2005, etc. we must use
Past Tense Simple).
Measures the duration of an action / situation which started in the past and still continues in the
present (SINCE and FOR, as well as the question HOW LONG, are used in this case):
Expresses actions which have taken place recently (in this case present perfect is used with:
LATELY / OF LATE, RECENTLY, SO FAR, YET) or very recently (in this case present
perfect is used with JUST, ALREADY):
Refers to a persons life experience (the person we are talking about is supposed to be alive;
otherwise, we must use past tense to speak about a deceased person; in this case, present perfect
is used with: EVER, NEVER, HOW MANY TIMES, HOW MUCH, etc.):
Expresses actions which were completed in a period of time that is not finished:
E.g.: This year I have passed three difficult exams and I have failed one.
This semester I have studied an optional course of rhetoric.
This month the police have faced an escalating murder rate in the Northern part of the
country.
I.2.4. PRESENT PERFECT CONTINUOUS
Stresses the duration of an action that started in the past and is still going on right now, at the
moment of speech:
E.g.: We have been striving all month to find a clue that could lead us to the psychological profile
of the criminal.
! Pay attention to the fact that in English the distinction between verbs of state and verbs of action
is of great significance when choosing between a simple perfect and a perfect continuous tense.
Compare:
! Present perfect continuous also stresses the present visible effect which a recent action has
upon a person:
E.g.:
Im sure he has been drinking, the police constable said. Look! He can hardly walk
Have you been crying? Your eyes are so red.
Expresses a finished action or a series of finished actions (the past context must not be
necessarily mentioned; it is often inferred by the speaker/reader):
E.g.:
The Parliament adopted the present Constitution in 1991, which was revised in 2003.
We believe that the thief forced entrance into the house at 3 a.m., and then he crept in, walked
upstairs and stole the jewellery.
The penalty depends on the circumstances under which an action occurred.
Is used after the verb to wish to describe a desire which seems impossible or hard to fulfil:
E.g.: I wish I could do something to help you (but unfortunately I cannot).
Is used after its time/its high time when the speaker expresses criticism for an action that is not
fulfilled at the moment of speaking:
Compare:
a) Its time we drew a conclusion on this case. (criticism)
with
b) Its time to go home. (simple statement without critical connotations)
It indicates that a past action was going on / was in progress at a certain moment in the past:
E.g.: This time yesterday the jurors were deliberating the verdict.
TESTS
Test 1
Choose the right answer and bring arguments for your choice (correct any mistakes that you
identify):
1 They have drawn up the contract yesterday.
Correct;
Incorrect.
2 Recently they have found another suspect in the on-going investigation.
Correct;
Incorrect.
3 Last week they have heard all the witnesses.
Correct;
Incorrect.
4 So far we haven't reached a verdict.
Correct;
Incorrect.
5 Have you ever heard the victim mentioning this name?
Correct;
Incorrect.
6 I dont know how many e-mails he has sent me so far; Ive never counted them. Lets say about 10.
Correct;
Incorrect.
7 I have never made a false statement, the witness replied.
Correct;
Incorrect.
8 This week she is very busy, thats why she didnt finish writing the report yet.
Correct;
Incorrect.
9 I swear I had never talked to this person.
Incorrect;
Correct.
10 There are a few other entries that I recorded today.
Correct;
Incorrect.
Test 2
Test 3
Test 4
didn't deal.
3 The members of the Local Council ......... yesterday.
met;
have met.
4 - He .......... a case in his entire career.
has not lost;
didnt lose.
5 - The law ....... into force a year ago.
came;
has come.
6 They full partners since 2001. They still have a good collaboration.
have been;
were.
7 - She ........ a senior partner since 2009. She is very appreciated by her colleagues.
is;
has been.
8 The judge ........ the appeal last month.
has dismissed;
dismissed.
9 - They ....... an appeal. We will need to adopt a new strategy to defend ourselves in the higher court.
just lodged;
have just lodged.
10 - ............ such a difficult situation?
Did you ever come across ?
Have you ever come across ?
11 Unfortunately she doesnt remember anything after the accident. She ........ her name.
even forgot;
has even forgotten.
12 When we ....... the room, there was no one inside.
entered;
have entered.
13 - She ......... law two years ago.
took up;
has taken up.
14 We cannot produce the letter because .........
it has disappeared; someone must have stolen it;
it disappeared.
15 - ............... a trial?
Did you ever attend?
Have you ever attended?
16 - We......... the chance to meet this great scholar. He passed away in 2012.
never had;
have never had.
17 I We dont know each other.
had never talked to the witness before;
have never talked to the witness before.
18 - I ......... in 2010.
started pleading;
have started pleading.
19 You cannot talk properly; how much...........?
did you drink;
have you been drinking.
20 He cannot be judged now because the offence.............
has been prescribed;
was prescribed.
21 - The last time my client to the culprit was a week ago.
talked;
have talked.
22 - They ........ in custody for the past fortnight.
remanded;
have remanded.
23 - They ......... released on parole for the past few weeks.
have been;
were.
24 - ......... the lecture yesterday?
Did you attend;
Have you attended.
25 - The new political regime ...... private property after the end of the Second World War.
confiscated;
has confiscated.
26 Your Honour, the witness confesses that he ......... the suspect in the area in the morning, at about
11.30.
has seen;
saw.
27 - We ....... relevant evidence so we couldnt take legal action against them.
haven't had;
didn't have.
28 - The police constables ....... the thieves at night.
arrested;
have arrested.
29- Today all the students ...... to interpret the provisions of the law properly.
have managed;
managed.
30 Last semester nobody........... the IT test.
failed;
has failed.
Test 5
already;
yet.
2 Our team has ____ to implement the last strategy provided by the managerial plan.
already;
yet.
3 Everybody was disappointed, ___ no one wanted to give in.
already;
yet.
4 Have you ____ managed to convince them to sign the affidavit?
already;
yet.
5 Has she deciphered the message ___?
already;
yet.
6 It is surprising that they have ____ settled the matter.
already;
yet.
7 - They are ___ supposed to offer psychological conciliation to the culprit.
already;
yet.
8 It was hard to believe but the panel of judges had ____ passed the sentence when we turned up in
court.
already;
yet.
9 They have ___ used the services of a translator for the Israeli defendant.
already;
yet.
10 We felt that we had ____ undergone a difficult experience so we didnt feel up to getting involved
into another one.
already;
yet.
11 When you phoned us we had ___ to make up our mind as to the next step to be taken.
already;
yet.
Test 6
Write R (right) or W (wrong) for each of the two possibilities given in the examples below:
1 Short before we____ the clauses, the creditor had decided not to offer us the loan any longer.
agreed upon;
had agreed upon.
2 The judge _____ this judgment in 2011; his ruling held that damages should be paid to the debtor
by the bank.
delivered;
had delivered.
3 We had serious doubts that we could respect the deadline but finally our suppliers____ the ordered
merchandise.
had delivered;
delivered.
4 My client asked me whether he ____ an annex to the existing contract.
could have included;
could add.
5 When we started our collaboration, we ____ each other for 3 years.
knew;
had known.
6 When concluding the agreement, we ____ legal advice from other specialists.
didn't need;
hadn't needed.
7 - If the provisions of this clause ____detailed, I would have signed the contract.
were;
are.
8 - If I ____you, I would consult a specialist in commercial law before signing this agreement.
were;
had been.
9 - Hardly ____ the arbitration clause, when I realized that we should have drawn it up differently.
did I read;
had I read.
10 The delivery _____ due on the 25th of last month.
had been;
was.
Test 7
The adverb ever is used to refer to the experience of the subject in pleading up to the past context
indicated by the above sentence.
3 - While the judge was trying to decide which evidence to admit to the trial, one of the lawyers
received a letter containing important evidence for the case.
The actions in the above sentence are subsequent;
The action expressed by the second verb interrupts the action expressed by the first verb.
4 The two solicitors had tried to convince their clients to settle the dispute but finally they realized
that such an agreement was in fact impossible.
Past perfect is used to indicate anteriority;
Past perfect indicates that the actions in the example given above are parallel.
5 - While the police inspector was discussing with the neighbours, the coroner was examining the
position of the victims body.
The actions were simultaneous;
Past continuous can be replaced with past simple in the example given above.
6 What had been your job responsibilities before you started working for the Public Prosecutors
Office?
The actions above were parallel;
Past perfect is used to indicate anteriority.
7 While he was listening to the witnesses testimony, it occurred to the judge that new connections
could be established between the elements of the case.
The actions were subsequent;
The actions were simultaneous.
8 - They'd been hearing her testimony for 20 minutes when an unexpected event happened.
The first action was interrupted by the second one;
The first action was antherior.
9 - He interviewed the client, gathered all the evidence, including the affidavits, and then drew up the
brief.
The actions were parallel;
The actions happened in sequence.
10 The barrister was going to read the letter which the accused had sent to the victim.
The barriseter read the letter;
The barrister was about to read the letter.
I. 4. EXPRESSING FUTURE
In English future can be expressed in several ways depending on the speakers intention to
express:
- a simple future fact (shall - for 1st / 2nd persons, sg. and pl. OR will - for 3rd person sg. / pl. + short
infinitive);
- a plan perceived as an intention (to be going to + short infinitive);
- an action which is about to happen (to be going to + short infinitive);
- a certain prediction (to be going to + short infinitive);
- an uncertain prediction (will + short infinitive);
- an arrangement (present continuous: am/is/are + VB -ing);
- an action which is in progress at a certain moment in the future (future continuous: will be + VBing);
- a future action that is complete before a certain future moment or before another future action (future
perfect: WILL HAVE + Past participle).
I.4.1. SIMPLE FUTURE
FORM: SHALL (1st & 2nd persons sg. or pl.) / WILL (3rd person sg. or pl.) + SHORT
INFINITIVE
-> a future fact: The Day of Europe will be on Monday. (This is a simple future fact; the speaker
cannot control/influence the occurrence of this event);
-> an uncertain prediction: We hope that our partys candidate will win the elections. (We cannot be
absolutely sure that this will happen; we only hope this will happen; exit poll results are also very
tight);
-> a spontaneous decision: ll (instead of shall/will): used in conversations.
E.g.: We do not know how to settle this dispute.
Ill help you. Im familiar with settling this kind of disputes.
I.4.2. TO BE GOING TO + short infinitive is used to express:
-> an intention: After I graduate I am going to work as a lawyer. (This is what I intend to do);
-> an action which is about to happen: Look out! That car is going to crash!
-> a certain prediction: Considering the witnesses testimonies and the evidence admitted in court, the
defendant is going to be imprisoned for his deed. (When the speaker makes this prediction, he relies
on the evidence and the testimonies that clearly incriminate the defendant; thus, there is no doubt that
the sentence will send the defendant to prison).
I.4.3. PRESENT CONTINUOUS (USED TO EXPRESS FUTURE APPOINTMENTS /
ARRANGEMENTS):
-> present continuous is used to express an appointment or a future arrangement:
E.g.: We are having a business meeting at 10 am; this was established at the previous meeting.
I.4.4. PRESENT SIMPLE USED WITH A FUTURE MEANING
Present Simple can be used with a future meaning:
-> in if-clauses (introduced by if, unless, provided that, on condition that): If you take part in this
action1/ or promise to take part2/, you will be considered an accomplice3./;
-> in adverbial clauses of time (introduced by as soon as, until, before, after, when, whenever, once
etc.): As soon as the trial starts1/, you will have to be present in court2./;
-> for expressing actions that are part of an official programme (such as transport schedules, conference
programmes, competition programmes, etc.):
E.g. According to the schedule, the bank closes at 3 p.m. on Friday.
(Actions which are part of an official programme repeat themselves and, thus, they fall into the
category of routine activities, which explains why they are expressed by using present simple).
I.4.5. FUTURE CONTINUOUS
Future Continuous is used to describe an action that is in progress at a certain moment in the future.
The future point in time when the action is in progress may be mentioned explicitly in the context or it
may be deduced.
Form: shall/will be + Vb. ING
E.g.: This time tomorrow the students in my group will be studying about double jeopardy.
When we arrive at the office, our colleagues will be discussing about the details of this case. Lets
hurry up or well get there too late!
I.4.6. FUTURE PERFECT
Future perfect simple is basically used to refer to a future action that is finished before another future
action / a future period is over.
Form: shall/will have been + Vb. in the 3rd form
E.g.: By 2018 I will have become a member of the Bucharest Bar Association. At least I hope so.
Test 1
Choose the right answer:
1. You have written in your statement that you are leaving next Friday! However, we have to know
when (you/get back).
a. are you getting back;
b. you are getting back;
c. do you get back.
2. According to the timetable the train arrives at 9 o'clock. But what time (it/depart)?
a. it departs;
b. does it depart;
c. will it depart.
3. You have a lot of pieces of luggage in the hall. (you / make a trip)?
a. Will you be making a trip;
b. Will you make a trip;
c. Are you going to make a trip.
Test 2
Choose the right answer:
1. How many correct answers do you have in the test?
I don't know. __________ them.
a. I'm going to count;
b. I'll count;
c. I count.
2. What time shall we meet in the conference hall?
According to the programme the plenary session __________ at 9 a.m.
a. starts;
b. will start;
c. shall start.
3. The contract must also include a clause for force majeur situations.
I __________ such a clause immediately.
a. 'll insert;
b. 'm inserting;
c. 'm going to insert.
4. What time does the Civil law course start tomorrow?
__________ at 10 a.m (according to the timetable).
a. It will start;
b. It starts;
c. It is going to start.
5. Have you ever worked as a litigator?
No, but I hope that __________ that at your law firm.
a. I'll do;
b. I do;
Test 3
Choose the right answer:
1 - I'll search for her new address and workplace now.
3 This month we cannot start working for another case, we ____ very busy with the present ones.
are going to;
will.
4 - If we come across any difficulties during the trial, we ____ hire specialists from another law firm.
have to;
will have to.
5 Do you know something? I think I ____ give up suing my neighbour.
You are right, given the circumstances, its not worth it.
am going to;
ll.
6 Now that the culprits illegal deeds are beyond any reasonable doubt, Im positive he ____ spend
all his life in prison.
is going to;
will.
7 I dont know how to draw up this clause.
Dont worry, I ____ help you.
am going to;
ll.
8 Our barrister ____ represent you in court, dont worry about that.
is going to/will;
will.
9 .. the Annual General Meeting (AGM) at 10 a.m. on Friday 10th of May. That is why I am
not free.
We are holding;
We will hold
10 The trial date the 23rd of April.
will be;
will be/is.
is sometimes used to express a message in a clearer way than in the active voice:
Compare:
E.g.: He was defended in court by a litigator working for one of the most famous law firms in
Bucharest. - > passive
with
A litigator working for one of the most famous law firms in Bucharest defended him in court. - >
active
= > The first sentence (expressed in the passive) is clearer because it brings into evidence the subject
and the action in which he was involved, whereas the second sentence has a subject about whom too
much information is given so that the meaning of the entire sentence is hard to understand.
can be used sometimes in sentences in which the subject intends to avoid assuming
responsibility for the actions taken:
E.g.:
Passive: The Minister of Finance was advised (by his counselors) not to approve the modification of
the tax system.
Active: The counselors advised the Prime Minister not to approve the modification of the tax system.
! A sentence with the verb in the passive voice will not always include the agent of the action.
Thus, the above sentence can omit the agent by his counselors.
Passive voice can also be used to draw attention to the person or thing acted upon:
The bank account [subject] was broken [passive verb] a few hours ago.
! Pay attention to the fact that only transitive verbs can be transformed into passive
constructions.
(Got away is an intransitive verb; this means that the verb of the sentence cannot be used in the passive
voice since it is not followed by a direct / indirect object)
! It is advisable not to use active and passive constructions in the same sentence.
Thus, instead of saying: "The Prime Minister approved the new governing programme, and the
new economic policy was improved" say: "The Prime Minister approved the new governing
programme and improved the new economic policy." or The new governing programme was approved
and the new economic policy was improved.
infinitive phrases:
gerunds:
Being drawn up for foreign commercial transactions, this contract draft is not fit for purchasing
properties in Romania.
! However, sometimes there are a few disadvantages to using the passive voice:
- a sentence expressed in the passive voice may sound formal and rigid (in this situation, it is better to
express that sentence in the active voice):
Passive: Witnesses were invited for being subject to interrogation by prosecutors.
Active: Prosecutors invited witnesses for being subject to interrogation.
- in certain contexts it is vital to mention the logical subject (active subject) of the sentence:
Passive: The fence was damaged in yesterdays car accident.
Active: The red Volkswagen car (no. V 15 379) damaged the fence in yesterdays accident.
Students who are not sure about the way active verbs are transformed into the passive may use
the chart on the next page.
REVISION OF ENGLISH ACTIVE AND PASSIVE FORMS
TENSE
Present simple
Past simple
Future simple
Present continuous
Past continuous
Present perfect
Past perfect
Future perfect
ACTIVE VOICE
PASSIVE VOICE
! In English, when the subject is not able / qualified to perform a certain task, he/she must use the
services of a specialist in the area. In such a situation, passive voice is also expressed by means of the
following construction:
SUBJECT + the verb TO HAVE + OBJECT + PAST PARTICIPLE
E.g.:
Romanian -> n urma accidentului m-am operat la genunchi. oferul acuzat de neglijen a suportat
toate cheltuielile interveniei medicale.
English -> Afet the accident I had my knee operated. The driver who was accused of negligence paid
all the health care costs.
Test 1
PASSIVE VOICE
Choose the right answer:
1 - Laws ____ by the Parliament.
are being passed;
are passed.
2 - The defendant _____ before the trial starts.
may be notified;
is always notified.
3 The judgment ____ in absentia; the law provides that this is possible in a civil case.
was delivered;
is delivered.
4 - We don't find the recordings of the suspects conversations- they must ____.
be stolen;
have been stolen.
5 The illicit money ____ yesterday.
was transferred into this account;
were transferred into this account.
6 - The litigation _____ by the end of the year.
will be settled;
will have been settled.
7 - The employees tasks _____ by Friday.
need to accomplish;
must be accomplished.
8 The cause ____ in 2 years. It required a whole team of specialists for its settlement.
was solved;
is solved.
9 - Witnesses _____ right now.
are heard;
are being heard.
10 The law ____ by everyone.
has to be observed;
must be observed.
11 - Laws ____ by the High Court of Cassation and Justice.
are repealed;
are unitarily applied and interpreted.
12 The bill ____ in a few days by both Chambers of Parliament.
shall have been read;
is going to be read/will be read.
13 - She ____ by the young public prosecutors.
didnt used to be consulted;
didnt use to be consulted.
14 In our country bills ____ in order to become laws.
can be passed by both Chambers and then they may be promulgated by the President;
must be passed by both Chambers and then they must be promulgated by the President.
15 The verdict ______ when we entered the court room. We were surprised to hear it. We did not
know that some unexpected pieces of evidence had been admitted by the court that day.
was returned;
was being returned
Test 2
Why is the passive voice used in the following examples?
1 It has been mentioned that not all the requirements have been met, the lawyer commented when
referring to the signed contract and his partys professional performance.
The speaker uses the passive because he wants to sound formal;
The speaker uses the passive because he wants to sound informal.
2 The judges career is said to be exceptional.
The speaker makes reference to the general impression regarding the judges career;
The speaker wants to express his perception regarding the judges career.
3 - The evidence is being analysed.
The evidence is analysed;
The evidence has not been analyzed yet.
4 She is believed to be a great coroner.
The speaker is sure that she is a great coroner;
The speaker is not certain about this statement.
5 The case may be settled; both parties want to avoid going before the court.
May be settled indicates a possibility;
May be settled indicates a certainty.
6 - The rules of the court must be obeyed by all participants in the trials.
Passive voice expresses a general requirement;
Passive makes the expressed requirement sound more formal and, thus, polite.
7 Their house was broken into.
Passive voice is used here to bring into evidence the logical subject of the sentence;
Passive voice is used in order to bring into evidence the grammatical subject.
8 The law was enacted in 2004.
Passive is used because we do not know the agent of the action (the logical subject);
Passive is used to emphasize the first word in the sentence (the grammatical subject).
9 - 'The Romanian Constitution of 1991' was written by Antonie Iorgovan.
Passive voice emphasizes the name of the father of the 1991 Romanian Constitution, Antonie
Iorgovan;
Passive voice emphasizes the word Constitution.
10 He was known as a left-handed person.
This is an individual conviction;
This is a general opinion.
11 The prisoner was pardoned by the President in 2001.
The emphasis is on the prisoner and not on the President;
There is no difference as regards the emphasis of the two terms: President or prisoner.
12 The prisoner was acquitted thanks to the newly found evidence.
The speaker insists on the evidence;
The speaker insists on the prisoners fate.
Test 3
CAUSATIVE VERBS
Choose the right answer:
1 - We're going ............ at the forensic laboratory. We hope that specialists will be able to help us
identify the authors of the crime.
to have the body samples tested;
to test the body samples.
2 The researchers need to........
mend the microscope;
have the microscope mended.
3 - I must get ....... the software problems; otherwise we risk losing important information.
a specialist to repair;
a specialist repair.
4 - They ought to have........replace the broken windows.
somebody to;
somebody.
5 The institute ......... by a group of experienced hackers.
had the classified information stolen;
had stolen the classified information.
6 The bank CEO decided to .......... after the fishing offences became more numerous.
have the security system modernized;
had the security system modernized.
7 The recently hired personal assistant didnt manage to.......
get her employers car fixed in time;
fix her employers car in time.
8 The victim...........
was robbed the phone on the bus;
had the phone stolen on the bus.
9 - I'll ....... the accountant to accomplish this task.
get;
make.
11 The buyer .......... the merchandise delivered on 5th of May, e.g. last month, according to the
contract.
has;
had.
12 - You might .......... from the very beginning.
have it operated once it started to hurt you, now it may be too late
have had it operated once it started to hurt you, now it may be too late.
13 It was difficult to .......... a really experienced body guard to protect the key witness.
get;
have.
14 Recently our institution ....... by a former offender who is undergoing a program of social
reintegration.
had the lawn mown;
has had the lawn mown.
15 As a General Prosecutor, she ....... all her subordinates to accomplish the tasks they are assigned
to.
gets;
has.
16 - I ......... the company modernized if I obtained a loan from the bank.
could have;
could have had.
17 - She finally got a psychiatrist........her husbands mental problems.
treat;
to treat.
18 - The police inspector ...... them write their statements again.
had;
got.
UNIT III - QUESTION TAGS REVISION AND TESTS
Question tags are usually translated into Romanian by nu-i aa?. They are made up of two
parts: a positive / negative sentence and a question (preceded by a comma) that has the role of
reinforcing the former statement. The general rule is that the question tag always contains the
opposite form of the main verb (thus, if the main verb is in the affirmative, then the verb in the
question tag will be negative and vice versa). It is also important to notice that verbs used in
question tags have the same tense as the main verb.
Before doing the test included in this unit, consider the examples below:
E.g.
! For the verb to be, when used in the affirmative with the first person, singular, the question tag will be
arent I?
E.g.: I am well qualified for this position, arent I?
Test
Choose the right answer:
1 - I'm not experienced enough for this position, .....?
am I;
arent I.
2 The judge imposed an injunction on him, ......?
didn't he;
doesnt he.
3 - We ought to pay this large sum for him to be released on bail, .......?
isnt it;
oughtnt we.
4 You are an undergraduate, ........?
are you;
arent you.
5 If you are released on parole it means you are conditionally released, ........?
isn't it;
doesnt it.
wouldn't you.
The rules which govern the sequence of tenses are basically 3 (corresponding to the three
segments of time within which one / more actions may occur), and they stem out of the logical relations
between independent and dependent clauses in a sentence.
Let us consider the following examples:
A. The action expressed by the verb in the main clause is in a present tense (any present tense).
= > the verb(s) in the secondary clause(s) will be in any tense that is required by the given context
(present/past/future):
E.g.: The judge is wondering whether -> the lawyer is trying to mislead the witness.
-> the lawyer tried to mislead the witness.
-> the lawyer will try to mislead the witness.
B. The action expressed by the verb in the main clause is in a past tense (any past tense).
= > the verb(s) in the secondary clause(s) will be in a past tense that is required by the given context
(simple past, past perfect, future-in-the-past):
E.g.: The instigator did not think for a second that his words would make the author of the crime act
with such cruelty. (Future-in-the-past is used to indicate that the action expressed by the verb in the
secondary clause - would make - is subsequent to the action expressed by the verb in the main clause did not think);
E.g.: The accessory to the fact was aware that his acts had facilitated the completion of the offence to
a great extent. (Past perfect is used to indicate that the action described by the verb had facilitated
was prior to the action expressed by the verb was aware);
E.g.: When I called the police, I knew that the chances we had to apprehend the offenders were
insignificant. (Only past tense is used to indicate that the enumerated past actions were parallel)
B.i.. Exceptions to rule B:
If the verb in the secondary clause expresses a general truth, this verb will be used only in the
present tense simple (even if the verb in the main clause is in the past).
E.g.: The professor told us [past tense Main Clause] that the penalty applied for second degree
murder is at least 15 years imprisonment [present tense Secondary Clause].
If the secondary clause contains a modal verb which does not have a past form, the modal verb
remains unmodified (even if the verb in the main clause is in the past):
E.g.: They knew [past tense Main Clause] that they should consult a lawyer ex officio [modal
verb should remains unmodified Secondary Clause].
C. In adverbial clauses of time and condition future tense is never used, while in the main clause
simple future is often used.
Consider the following examples:
E.g.: If we identify new evidence before the next deadline established by the court, we will stand a
chance to win the case.
After you are called to the Bar, you will be able to plead in court.
Test 1
Identify the Main Clause in each sentence:
1. No matter if you confess or not, truth will come out.
2. While the case is being judged, we will have time to search for other clues.
3. It isn't necessary to work so hard these days because so far we have advanced in our investigation to
a serious extent.
4. Before you begin collecting information about the foreign agent, you will probably intend to read
this presentation of him.
5. I would like to apply for this position but, unfortunately, I don't have enough experience.
6. No matter what you have decided to do about the facultative and optional courses, I am determined
to attend at least one of them.
7. Teenagers will stop consuming drugs only when they understand the risks that drug consumption
poses to anyone.
8. Since most students fail to pass this exam, we have already started to revise for the test.
9. Until he proves that his guilt is beyond any reasonable doubt, the judge cannot consider his acquittal.
10. It was then when we decided to ensure special protection to the suspects who were remanded in
custody for political corruption offences.
Test 2
Put the verb in brackets in the right tense:
1. The victims parents declared that they (be) not ready to talk to the offender at that moment.
2. The politician said that he (know) how the events (be depicted) in the mass media.
3. In the statement he said that he (just, get back) from a trip when the murder was committed.
4.
The
officer
didn't
notice
when
the
patient
(leave)
the
ward.
5. You promised you (send) us an email as soon as you (arrive).
6. The former party leader didn't want to accept that most of his supporters (declare) - when asked
by Exit Poll representatives - that they no longer (trust) him due to the previous night events.
7. I didn't say that I (not like) criminal law; on the contrary, I find it simpler and more interesting
than civil law.
8. Everyone hoped that the economic crisis (be) over in 5 years at the latest.
9. She confessed that she (be) in the building for 2 hours when the burglars held up the bank.
10. The HR Manager said he (not consider) that this position (need) to be filled in by a new
employee.
Test 3
Choose the right answer:
1. I knew that she the conference before, so I asked her to give me some advice about it before I
submitted my research paper for evaluation.
a) has attended
b) has been attending c) attended
d) had attended
2. The professor promised to help me if I to structure the paper properly.
a) haven't managed b) didn't manage
c) wont manage
d) wouldnt manage
3. When I started to work as an in-house counsel for this firm, I in Bucharest for many years.
a) live
b) have lived
c) lived
d) had lived
4. The counsel for the defense and the prosecutor realized that the offender to influence one of the
jurors.
a) tries
b) is trying
c) has been trying
d) was trying
5. We inferred that he as his clothes were dirty with car oil.
a) is mending the car
b) has been mending the car
d) had been mending the car
6. We asked her whether she , but we realized that she was afraid to do that.
a) testifies
b) is testifying
c) will testify d) would testify
7. She declared that the offender attacked her when she for the key to her house.
a) looked for
b) has looked for
c) was looking for
d) had looked for
8. I intended to call on her but I didn't know if she at home.
a) is
b) was
c) were
d) had been
9. He told me that he would call as soon as he to Bucharest.
a) has come back
b) came back
c) will come back
10. Yesterday the constitutional law professor told us that the Romanian Constitution of 1923 one of
the most modern constitutions in the world at that time.
a) is
b) was
c) has been
d) had been
Test 4
Choose the right answer:
Many law firms expected _____ promising changes thanks to the newly adopted legislation.
to see
to have seen
seeing
My colleague would like _____ for a law boutique for the rest of his career.
to work
to have worked
working
Thanks to his experience the judge saw what solution he ______ for that case.
should choose
will choose
choose
The manager declared that a number of factors ______ to the insolvency of his company.
had led
led
have led
Due to the financial crisis, the board of directors ______ to make investments in developing countries.
has decided
decided
has increased
had decided
now
because
the
number
of
law
graduates
had increased
When an offender decides to collaborate with authorities, he _______ that he can negotiate a remission
of the penalty.
knows
has known
knew
Unless a clerk receives proper training, he / she __________ work in a good law firm.
doesnt find
wouldnt find
However, if you do not make a good impression at an interview, it is hard to say that you ________
a good job.
get
will get
would get
We ________ that being the largest company on the Romanian market would be enough to win
this complex case.
have thought
thought
had thought
DIRECT
SPEECH
TENSE
Present simple
Present
continuous
DIRECT SPEECH
REPORTED SPEECH
Past simple
I bought a book on common She said she had bought a book on common law.
law.
Past continuous I was talking about a different He said he had been talking about a different legal
legal matter.
matter.
Present perfect
We havent managed to find They said they hadnt managed to find any clue of
any clue of late.
late.
Past perfect*
I had come across such cases She said she had come across such cases before.
before
Will
Would*
If I were you, I would insist She said that if she was me, she would insist more.
more.
Can
We can guarantee the success They said they could guarantee the success of their
of our attempt.
attempt.
May
I may be wrong.
Could*
I could* settle the dispute but I She said she could settle the dispute but she
need your support.
needed our support.
Shall
Should*
I should* adopt a different She said she should adopt a different attitude.
attitude.
Might*
I might* be wrong.
Must
We must help anyone in They said they must help anyone in need OR They
need.
said they had to help anyone in need.
* The modal verbs marked with an asterisk note do not change when used in indirect speech.
Note that the subject precedes the predicate in the indirect question, whereas in a direct question the
predicate/auxiliary precedes the subject.
V.4. Imperative sentences:
E.g.:
Direct positive imperative sentence: Hand in the reports by the end of the month! the
professor asked the students.
Indirect imperative sentence: The professor asked the students to hand in the reports by the
end of the month.
E.g.:
Direct negative imperative sentence: Do not run away from the scene of the crime! she
advised the driver.
Indirect imperative sentence: She advised the driver not to run away from the scene of the
crime.
Test 1
11. I hadnt been able to explain the characteristics of common law before I started reading about it.
He said _____________________________
12. I would tell you what to do if I knew.
She said _____________________________
13. As a trainee lawyer I could settle simple legal matters; now I am involved in settling difficult
litigations.
He said _____________________________
14. I was turning on the light when the thief ran away; I could hear him slam the window.
The woman said _____________________________
Test 2
Change direct speech into reported speech:
1. As a judge you must always be impartial.
She _______________________________
2. Did you graduate the faculty before 2011?
He _______________________________
3. How was the civil law exam?
He _______________________________
4. I would have passed the Roman Law exam if I had studied harder.
She ________________________________
5. Don't lie before the court of law; this is perjury!
She ________________________________
6. Do you study for the seminars at the weekend?
She _____________________________
7. They had never had an internship before October.
He ____________________________
8. Do not delay the delivery of your semester reports!
She ______________________________
9. I know I could have studied harder for the test.
She _____________________________
10. Could you help me write the pleading for the competition, please?
He _____________________________
11. Do not forget to bring back my law encyclopedia next Friday.
She ________________________________
12. Where do you hope to find work after graduating the faculty?
She _______________________________
13. I hope I am going to find a job as a litigator after I graduate.
He ________________________
14. Ill do my best to win this moot competition.
He said_____________
Test 3
Change direct speech into reported speech:
1. Where are the briefs for this months cases?
He asked me ___________________________
2. What is your opinion as to this international military conflict?
She asked me ____________________________
3. Why did you refuse to defend this client?
He asked me ____________________________
4. Who was the student that won the moot competition?
She asked me ____________________________
5. How is this article in your opinion?
He asked me _____________________________
6. What job are you going to apply for?
She asked me _____________________________
7. Where are you going to work after graduation: in a law firm or a court of law?
He asked me ______________________________
8. What were you doing when you saw the accident?
She asked me ______________________________
9. How was the closing address of this lawyer?
He asked me ______________________________
10. How many times a semester do you have civil law seminars?
She asked me ______________________________
11. How long have you worked as a paralegal?
He asked me _______________________________
VI.1. Introduction
When using IF-Clauses, students are often not attentive to their meanings and the tenses used in
them. However, students can consult the following chart whenever they are unsure about what tenses to
use in IF-Clauses, as well as in the main clause of the sentence.
Note that after IF, will / would are NOT used to talk about future; present tenses or past
tenses are used instead.
You must remember that the tenses used in the main clause are: will / would / could / might
+ short infinitive / perfect infinitive.
No matter if you start a sentence with the main clause or with the if-clause, you must be
attentive at the tenses you use in each clause.
CONDITIONAL MEANING
TYPE
0
General truth
Real
&
condition
Hypothetical
condition
Hypothetical
condition
2
3
IF CLAUSE
(tenses used)
MAIN CLAUSE
(tenses used)
In conditional clauses with if or unless (= if not) we often use the present tense forms to talk
about the future:
- Correct: We wont stand a chance to win the case if they pay Mr. Griffith to represent them in
court.
- Wrong: We wont stand a chance to win the case if they will pay Mr. Griffith to represent them in
court.
- Correct: If the judge admits this evidence in court, we will convince everyone that you are not
guilty.
- Wrong: If the judge will admit this evidence in court, we will convince everyone that you are not
guilty.
! Apart from if and unless, conditional clauses are also introduced by provided that and on
condition that or in case.
E.g.: The payment will be made on the last day of every month provided that the merchandise is
delivered to the purchaser in time.
E.g.: It is good to include this clause in the sale contract in case the potential buyer is late in
making the full payment to you as a seller.
REMEMBER
The same rule (using present tense forms to talk about the future) is applied after time words
like before, after, when, until / till:
E.g.:
Well have the Annual General Meeting after/when the Managing Director returns to Bucharest.
The defendant must remain in custody until the prosecutors decide that this is no longer necessary.
We can only use will after if / unless when will means a kind request / a promise / an offer:
E.g.:
If you will be so kind, could you announce the team leader that I phoned him?
If you will join our team, we could have more chances to have the file ready in time.
E.g.: If we were American citizens, we could vote in that country. (BUT we are not American citizens
and, consequently, we cannot vote in that country)
E.g.: If you were speaking in Polish now, nobody would understand a word. (Luckily, you are not
speaking in Polish and, thus, everyone can understand you)
In order to indicate that we are convinced or suppose that something will not happen:
E.g.: Professor Constantinescu would gladly participate in this conference if he was in Bucharest next
month. (Professor Constantinescu cant participate in this conference because he will not be in
Bucharest next month)
E.g.: We would sign the contract if you agreed with our clause. (We wont sign the contract because
you dont agree with our clause)
E.g.:
If we gave them this information, they would help us solve the other case.
If he behaved well in prison, he could have his sentence remitted. (Causative have)
To express regret about an action that happened in the past. Usually, a modal verb is used in the
main clause (e.g.: could, may, might):
E.g.: If you had been able to calm down, you could have explained them what was going on. I think
that now its too late for regrets. (You were not able to calm down, and, thus, you couldnt explain
them what was going on)
To indicate that something could have been done but now its too late to do anything in this
respect:
E.g.: If I had graduated the Faculty of Law, I could have become a legal adviser. (This means that I
didnt graduate the faculty of law and, thus, I couldnt become a legal adviser. In other words, I have a
different job at present)
b. If he hadnt exceeded the speed limit, the accident wouldnt have occurred. (Unfortunately, he
exceeded the speed limit, and, thus, the accident occurred)
If he hadnt exceeded the speed limit,
PAST CAUSE
=> example a. is a mixed conditional for it refers to both a past and a present context, while
example b. is a type III conditional for it only refers to a past context.
VI.4. INVERSION IN IF CLAUSES
Conditional types 2 and 3 are often expressed using inversion. This implies omitting IF in the
secondary conditional clause and using inversion of subject and predicate in the same secondary clause.
Consider the following examples:
Conditional type 2:
Instead of saying: If we set up a limited partnership, profit and loss liability would be shared
according to the percentages established in the partnership contract, many speakers prefer to say:
Should we set up a limited partnership, profit and loss liability would be shared according to the
percentages established in the partnership contract.
Conditional type 3:
Instead of saying: If we had invested in this public acquisition, we would have obtained a
considerable profit, many speakers prefer to say: Had we invested in this public acquisition, we would
have obtained a considerable profit.
Test 1
Choose the right answer:
1 - If you recognize your deed, you ____ from a remission of the penalty.
benefit;
will benefit.
2 - If she confessed, it ____ better for her.
will be;
would be.
3 - If she had been an accomplice to this crime, what ____to her?
will happen;
could have happened/would happen.
4 - If the quorum is not present, the vote ____ valid.
wouldnt have been;
wont be.
5 - If he _____ the claim, what shall I do?
decides to contest;
will decide to contest.
6 - If you have a good behaviour in prison, you ____ released on parole.
have the chance to be;
will have the chance to be.
8 - If I ___ you, I'd do anything for truth to come out.
had been;
were.
9 In case he _____, let him in, will you?
comes;
came.
10 - What _____ if we had lost the case in the court of first instance?
would happen;
would have happened.
Test 2
Choose the right answer:
1 - If you'd taken a taxi, you would have come home safe.
The actions refer to the past;
The actions refer to an imaginary present situation.
2 - If somebody had threatened me, I would have filed a police complaint.
The actions refer to a future possibility;
The actions refer to the past.
3 Would you testify against your brother if you knew he was guilty?
This is a present and real situation;
This is a hypothetical situation.
4 Should you find him / if you should find him, let him know about the trial term.
The use of should signifies that this action is quite unlikely to happen;
The use of should does not imply a degree of uncertainty as to the action.
5 If I consume alcohol, I feel badly. Thats why I dont drink.
If can be replace with whenever and this example is a conditional type 0;
If can be replace with whenever and this example is a conditional type 1.
6 - But for your legal advice, we would have lost the case.
But means here without and it is used to indicate that the speaker benefited from legal advice;
The speaker didnt benefit from legal advice.
7 - If I told you what I know, would you guarantee me that Ill be free?
The speaker is determined to say what he knows;
It is possible for the speaker to say what he knows but he doesnt know if its a good idea.
8 - As long as you do not infringe the law, no one will ever fine or imprison you.
The observance of the law is the basic condition for not being criminally prosecuted;
As long as does not introduce a condition in this sentence.
9 You'll be tortured unless you cooperate said the gangster.
This is a threat;
Unless is a synonym of if.
10 - Unless you obey the rules of the court, you'll be sanctioned.
21 - If you drink and drive and get caught, you can say good bye to your driving license.
This is a general rule;
This rule refers to the future.
22 - What do you think I should do if the verdict is guilty?
The speaker wants advice about the present;
The speaker wants advice about the future.
Test 3
Choose the right answer:
1. If I ...... a masters degree, I could apply for this position.
had;
have.
2 - If you ...... to say the truth and nothing but the truth and then you lie, you are accused of perjury.
will swear;
swear.
3 - If I .......... law, I would have had more job opportunities.
graduated;
had graduated.
4 - Unless you ...... two foreign languages fluently, you will have no chance to obtain a good job.
speak;
don't speak.
5 -........ the notion of relapse into crime, I'd have explained it to you before the exam started.
Were I to understand;
Had I understood.
6 - If I ...... 18, I would go to vote. Unfortunately, Im only 17.
had been;
were.
7 In case you........any questions regarding the statute of refugees in our country, contact me and I will
take you to the Romanian National Council for Refugees.
will have;
have.
8 - Provided you ....... to take legal action against your business partner, do not hesitate to contact us!
Our firm has a lot of experience in commercial disputes.
will decide;
decide.
9 - If he .........the companys affairs, what will happen to the employees?
is appointed to wind up;
will lack.
21 - What sentence........you pass if you were asked to adopt a decision in this case?
will;
would.
22 If you to sign the partnership agreement, youll have to thoroughly read it.
will intend;
intend.
23 When you signed the contract, you ....... into consideration factors such as risk, delay and force
majeure.
should take;
should have taken.
24 If you intend to correctly negotiate the conditions of the contract, you ....... the advantages and
disadvantages of all options.
would point out;
should point out.
25 - What would you do if your firms profit ......... to decrease?
started;
would start.
26 If the majority ......... with the modification that you suggested, it would be applied now.
agreed;
had agreed.
27 If I .........you, I would get enrolled in a masters degree study programme in humanitarian law.
were;
had been.
28 - He .............if the President had pardoned him.
could have been released / could be released;
was released.
29 If there.........so many subscribers, we would be worried.
arent;
werent.
30 - If pluralism doesnt exist in a country, there..... no democracy in that state.
were;
is.
Active forms
- long infinitive: to alter, to repeal, to lay
down, to set forth, etc.
- short infinitive: alter, repeal, lay down, set
forth, etc.
- perfect infinitive: to have altered, to have
repealed, to have laid down, to have set forth,
etc.
- continuous infinitive: to be altering, to be
repealing, to be laying down, to be setting
forth, etc.
- perfect continuous infinitive: to have been
altering, to have been repealing, to have been
laying down, to have been setting forth, etc.
Passive forms
- long infinitive: to be altered, to be repealed,
to be laid down, to be set forth, etc.
- short infinitive: be altered, be repealed, be
laid down, be set forth, etc.
- perfect infinitive: to have been altered, to
have been repealed, to have been laid down, to
have been set forth, etc.
- continuous infinitive: to be being altered, to
be being repealed, to be being laid down, to be
being set forth, etc.
- perfect continuous infinitive: to have been
being altered, to have been being repealed, to
have been being laid down, to have been being
set forth, etc.
E.g.:
Long infinitive
Active: MPs will have to alter this constitutional article according to the provisions of the new EU
treaty that our country signed last week.
Passive: This constitutional article will have to be altered according to the provisions of the new EU
treaty that our country signed last week.
Short infinitive
Active: MPs will alter this constitutional article according to the provisions of the new EU treaty that
our country signed last week.
Passive: This constitutional article will be altered according to the provisions of the new EU treaty
that our country signed last week.
Perfect infinitive
Active: By the end of this year MPs are supposed to have altered this constitutional article according
to the provisions of the new EU treaty that our country signed last week.
Passive: By the end of this year this constitutional article is supposed to have been altered by MPs
according to the provisions of the new EU treaty that our country signed last week.
Continuous infinitive
Active: At present MPs are known to be repealing all the articles that are not in conformity with the
new treaty that our country signed last week.
Passive: At present all the articles that are not in conformity with the new treaty that our country signed
last week are known to be being repealed.
In English long infinitive is used after verbs like: advise, agree, allow, arrange, ask, attempt,
decide, enable, encourage, expect, fail, force, forget, get, hate, help, hope, intend, invite, learn,
like, love, manage, mean, order, persuade, plan, prefer, promise, remember, remind, teach, tell,
tend, try, want, warn (not to), would like, would love, would prefer, etc.;
Short infinitive is used after: may, can, must, could, might, should, shall, will, make, etc.
B. ING nouns (gerunds) are used after verbs like: admit, avoid, begin, catch, consider, deny, detest,
dislike, enjoy, fancy, find, finish, hate, hear, imagine, keep, leave, like, listen to, love, miss, practice,
prevent, remember, risk, see, smell, start, stop, suggest, watch, wouldnt mind.
Active form of -ING
E.g.: Do you imagine yourself working as a judge and sending offenders to prison?
Passive form of -ING
Many of these verbs are sometimes followed by the passive form of -ing: being + past participle
E.g.: I hate being interrupted.
ING nouns / gerunds are especially used after prepositions or as subjects of sentences:
E.g.: We look forward to hearing from you. (the gerund is used after a phrasal verb)
E.g.: Travelling enlarges ones life experience a lot. (the gerund is in fact the subject of the sentence)
C. Clauses introduced by that: are used after verbs like: to admit, to agree, to answer, to argue, to
believe, to claim, to convince (somebody that), to complain, to decide, to deny, to expect, to explain, to
feel, to forget, to guess, to hope, to imagine, to inform (somebody that), to know, to mention, to
persuade (somebody that), to promise, to remember, to remind (somebody that), to reply, to say, to
suggest, to suppose, to tell (somebody that), to think, to understand.
That-clauses sometimes define nouns that are included in the main clause and are followed by
the verb to be:
E.g.: The fact is that the evidence we have will be insufficient to support our allegations.
The problem is that we will have no chance to avoid this incident.
Sometimes that-clauses are used after adjectives which describe feelings:
E.g.: She was disappointed that the judge released the defendant
E.g.: Its great that you impressed the audience with your convincing closing address.
on
bail.
"That" is often omitted after verbs like: admit, consider, deny, say, tell:
E.g.: The police constable told everyone (that) the criminal was apprehended.
E.g.: The judge considered (that) the offender presented social peril and consequently he refused to
release him on probation.
VIII. 1. Introduction
Most of the modal verbs:
1. do not take s/-es/-ies in the third person singular (present simple):
E.g.:
The paralegal can help you write this complaint. (capability, offer to help)
All judges must observe the law in court. (obligation)
We should use all potential witnesses in this case if we want to have the slightest chance to win.
(advice)
The sentence may be pronounced in absentia. (allowance)
Thou shall not kill says one of the Ten Commandments. (order)
He would listen to everyone attentively before answering. (past habit)
Exceptions
- Have to and Need:
An officer has to wear a uniform most of the time.
The prisoner needs psychological counselling after having attempted to commit suicide.
2. do not take ed in the past:
E.g.:
The inspector had to re-interrogate all the suspects after finding the new piece of evidence. (In this
example had to is the past for of must/have to)
The counsel could build his strategy on the several pieces of evidence his client provided. (In this
example could is the past for of can).
Exceptions:
Need: She needed legal advice and thats why she phoned our law firm.
Have to -> see the first example given above at 2.
At the same time, students have to be careful when using indirect speech. As you remember, the
transformation of direct speech into indirect speech implies a set of modifications (such as:
modification of tenses, time expressions, adverbials of place, pronouns, especially when they are the
subject of the sentence). Consider the examples given below:
E.g.:
Direct speech: I cannot pretend to remember this detail because of the shock that I suffered last
week. the witness declared.
Indirect speech: The witness declared that she/he couldnt pretend to remember that detail because
of the shock that she had suffered the week before/the previous week.
=> in indirect speech, can is transformed into could.
Similarly, may is transformed into might, shall into should and will into would.
Verbs like must, should, would and ought to remain unmodified in indirect speech.
3. are followed by short infinitive/the base form of the verb (the first form of the verb without to)
except for have to, need, ought to:
E.g.: Everyone must drive on the left in the UK. This is what the law says.
Exceptions
E.g.:
You have to/will have to/had to swear on the Bible before testifying.
In a democratic society, citizens do not need to vote if they don't want to.
You ought to consult a lawyer if you intend to take legal action against your husband for partition.
4. do not generally use do/does/did for the interrogative form:
E.g.:
Can you prove his guilt beyond any reasonable doubt?
May I talk to my family if I am imprisoned?
Shall we use Plan B in case Plan A proves to be a failure?
Must I repeat this explanation any time I ask you to accomplish your professional tasks?
Exceptions
- have to
- need
E.g.:
Do you really have to speak so loudly now that we have this row?
Did she need your help to obtain this vital information?
5. do not commonly use dont / doesnt / didnt for the negative form:
If you cannot support with arguments this statemet, youd better appologize for the allegations you
made.
You may not contact your family until this interrogation is over.
You must not consume or sell or produce drugs. Its against the law.
Exceptions
- have to
- need
E.g.:
You dont have to sign this statement if you dont want this person to be criminally investigated.
I didnt need to bring the case study yesterday (so I didnt bring it).
6. Students must pay special attention to the meaning of modal verbs when these are followed by a
perfect infinitive of the verb:
6.1. Compare:
You should consult a litigator. (Present/Future meaning; advice) -> Ar trebui s consuli un
avocat litigator. (sfat)
You should have consulted a litigator. (Past meaning; criticism) -> Ar fi trebuit s consuli un
avocat litigator. (critic)
6.2. Compare
They might take part in the proceedings. (Present/Future meaning; possibility) -> Este posibil ca ei
s ia parte la edinele de judecat. (Posibilitate)
You might have told us about this deadline. Now the manager will say that we didnt do our duty.
(Past meaning; reproach) -> Ai fi putut s ne informezi cu privire la deadline. Acum managerul o s
spun c nu ne-am fcut datoria. (Repro)
6.3. Compare
I could not settle the litigation in spite of all my attempts. (Past meaning; lack of capbility) -> Nu am
putut soluiona litigiul n ciuda tuturor ncercrilor mele. (Lipsa capacitii de a face ceva n trecut)
He could have driven more carefully. Now it is too late to be sorry. (Past meaning; reproach) -> Ar fi
putut conduce cu mai mult atenie. Acum este prea trziu pentru regrete. (Repro)
6.4. Compare
We would like to congratulate our students for their success at the moot competition. (Present
conditional) -> Am dori s i felicitm pe studenii notri pentru succesul lor la concursul de procese
simulate. (Condiional-prezent)
We would have participated in the competition if we had been properly trained. (Perfect conditional)
-> Am fi luat parte la concurs dac am fi fost pregtii n mod corespunztor. (Condiional-perfect)
6.5. Compare
They didnt need to come to the office for it was a national holiday. -> Nu au trebuit s vin la birou
pentru c era srbtoare naional. (Absena obligaiei n trecut; n consecin aciunea nu a avut loc)
They neednt have written the report for it was not compulsory. -> Nu ar fi trebuit s scrie raportul
deoarece nu a fost obligatoriu. (Dei a lipsit obligaia, aciunea a fost nfptuit)
CAN
PRESENT
PAST
FUTURE
They can help you settle this They were able to / could They will be able to help you
matter. (present capability)
help you settle this matter. settle this matter.
(past capability)
(future capability)
Can we write to our family
members after we are imprisoned?
(asking for permission in the
present)
Where can the escaped prisoner It could have been the They could come to the party
be hiding?
servant who threw the tomorrow if you invite them.
document by mistake.
(present possibility)
(past possiblity)
(future possibility)
MAY
PRESENT
PAST
FUTURE
If
you
dont
understand We
were
allowed
something, you may ask.
(permitted) to use a
dictionary
at
the
competition.
(permission given in the present)
(persmission given in the
past)
They may be at home now, but He may have entered the They may cope with these
Im not sure. I dont know their house with a copy of our difficulties unexpectedly well
programme precisely.
key. This is only a in the future.
supposition, however.
(present possibility)
(past possibility)
(future possiblity)
MUST
PRESENT
PAST
FUTURE
Everyone must comply with the They had to comply with We will have to bring our
legal provisions in force.
the rules imposed by the legislation into line with the
(strong general obligation)
court.
European law now that our
country has joined the EU.
I must help my friend now that he
is in serious trouble.
(past obligation)
(future obligation)
(inner obligation, nobody forces
me to do that)
The offender must be a lefthanded man judging by the
evidence we found at the scene of
the crime. (present logical
deduction)
MULTIPLE-CHOICE TESTS
Test 1
Choose the right answer:
1 May I take a day off? the employee asks the employer.
The employee is making a suggestion;
The employee is asking for permission.
2 - How should I write the complaint?
The speaker is asking for permission;
The speaker needs advice about how to write the complaint.
3 - You must come to the meeting in time, the manager said.
The manager is giving an order;
The manager is making an offer.
4 Shall we phone your workmates? the prosecutor asked the suspect.
The prosecutor is making a suggestion;
The prosecutor is giving advice.
5 - Can I phone my counsel?
The speaker is making a suggestion;
The speaker is asking for permission.
6 Commercial agents and manufacturers mustn't commit tax evasion.
The speaker is making a suggestion;
The modal verb mustnt expresses interdiction.
7 Could you replace me tomorrow in the meeting? my colleague asked me.
My colleague is asking for my advice;
My colleague is making a request.
8 What shall I declare? the witness asked the lawyer.
The witness is making a request;
The witness needs a piece of advice about what to do.
9 - You should give up using this medical treatment; its not good for your health.
The physician is advising the patient;
The physician is making a request.
10 Could you support your statement with arguments? the litigator asked her potential client.
The litigator is making a suggestion;
The litigator is making a request.
Test 2
Choose the right answer:
1 - We were not sure whether you ____ sign the contract.
may;
might.
2 - ____ you be successful in your business activity!
may;
might.
Test 3
Choose the right answer:
1 - They ____ pretend to have all the necessary evidence to prove his negligence; however, I'm not sure
that this is true.
can;
may.
2 This piece of evidence ____ be admissible; however, the judge has the duty to check that.
can;
could.
3 - ____ you check the address of the suspect, please?
can;
may.
4 You ____ take a seat if you do not feel well.
may;
might.
5 If you want to ask a question, do it now as you ____ not do that once the competition starts.
may;
could.
may;
might;
must.
9 - He ____ be lying; Im sure Jane couldnt have done this.
should;
must.
10 She is afraid to report the crime; she ____ have been threatened.
may;
can.
Test 5
Choose the right answer(s):
1 Citizens ____ bring cases before the courts of law whenever they consider that their rights and
freedoms have been aggrieved.
are entitled to;
ought to;
either could be used here.
2 - ____ ask for legal advice now that Ive been arrested?
can I;
am I entitled to;
mustnt I.
3 - We ____ not lodge an appeal against the judgment passed by the court of first instance, so we had to
accept the delivered judgment.
might;
could;
either could be used here.
4 - ____ I use the legal advice of another counsel?
ought;
may;
either could be used here.
5 - ____ you speak up, please? The courts clerk must write down your testimony.
could;
can;
either could be used here.
6 - You ____ talk to a member of your family until the criminal investigation is over.
shan't;
may not;
either could be used here.
7 - ___ you sign the affidavit after you read it once more?
can;
could;
either could be used here.
8 As you know, no one ____ take legal action in the absence of admissible evidence.
may;
might.
9 Juvenile criminals ____ be imprisoned together with the adults.
cannot;
might not.
10 - Prisoners ____ write to their families whenever they want to.
can;
might;
either could be used here.
Test 6
Choose the right answer(s):
1 - Applicants _____ fill in this questionnaire if they dont have children.
dont need to;
neednt;
either could be used here.
2 - I didn't ask my paralegal to check this information because I realized we ______ use it in the
present case.
neednt;
didn't need to;
needn't have.
3 We strove to convince all the witnesses to testify but we _____ since the newly found evidence
proves our clients guilt beyond any reasonable doubt.
needn't have bothered;
didn't need to bother;
didnt need bothering.
4 According to the contract, you ______ to deliver the merchandise until the end of August.
don't need;
needn't;
either could be used here.
5 He needs ____ the money to pay the mortgages; otherwise his house will be foreclosed.
find;
to find.
6 - We ____ any new stupid task from you. Weve had enough!
needn't;
don't need;
either could be used here.
7 - If the car needs ____, it is the defendant who will have to pay for all expenses.
repair;
to repair;
repairing.
8 We really appreciate the effort you made; however, you ____ it.
didn't need to make;
needn't have made.
E.g.
brief (sg.) -> briefs (pl.)
affidavit (sg. )-> affidavits (pl.)
justice,
injustice,
B.4. Quantifiers
Quantifiers come before nouns to indicate the number of persons or objects that are mentioned
in a sentence or the quantity of a substance / liquid.
We use quantifiers with both countable and uncountable nouns. Consider the chart below to
revise the use of quantifiers with counts and uncounts.
QUANTIFIERS
USED WITH COUNTABLE NOUNS
a lot of / lots of
all
most
many
more
enough
less
several
some
both
each
every
any
none of / no
either & neither
few
a few
quite a few
QUANTIFIERS
USED WITH UNCOUNTABLE NOUNS
a lot of / lots of
all
most
much
more
enough
less
some
any
no
little
a little
quite a little
NOTE
! both, either and neither are used with classes of two persons / objects:
E.g. You can take up either of the optional courses (English or French).
looker-on-> lookers-on
man-of-war-> men-of-war
power of attorney -> powers of attorney
b. Compound nouns that are made up of two nouns add s to the last noun:
E.g.:
boy-friend -> boy-friends
maid-servant -> maid-servants
poet-laureate -> poet-laureates
step-son -> step-sons
c. Sometimes both nouns that form the compound noun take s in the plural:
E.g.: woman writer -> women writers
d. Sometime surnames are used in the plural:
E.g.:
Miss Johnson (singular): the Miss Johnsons OR the Misses Johnson (plural)
Mr Seller (singular) -> the Mr Sellers (plural) OR the Misters Seller (plural)
Mr -> no dot is added for abbreviations that contain the first and the last letter of the abbreviated word
(mister)
Mrs -> no dot is added for abbreviations that contain the first and the last letter of the abbreviated word
(misses)
C.2. Foreign Plurals: some foreign plurals borrowed from Latin, Greek or French maintain the foreign
ending:
alumnus (singular): alumni (plural)
terminus: termini, terminuses
focus: foci, focuses
syllabus: syllabi, syllabuses
formula -> formulae, formulas
alga -> algae
agendum -> agenda
memorandum -> memoranda
curriculum -> curricula
datum -> data
analysis -> analyses
axis -> axes
crisis -> crises
synthesis -> syntheses
thesis -> theses
criterion: criteria
phenomenon -> phenomena
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
arise
awake
be
bear
beat
become
begin
bend
bet
bind
bite
bleed
blow
break
breed
bring
broadcast
arose
awoke
was / were
bore
beat
became
began
bent
bet / betted
bound
bit
bled
blew
broke
bred
brought
broadcast /
broadcasted
arisen
awoken
been
borne / born
beaten / beat
become
begun
bent
bet / betted
bound
bitten
bled
blown
broken
bred
brought
broadcast / broadcasted
18.
19.
build
burn
20.
burst
built
burned
burnt
burst
built
burned
burnt
burst
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
buy
cast
catch
choose
cling
come
cost
creep
cut
deal
dig
dive
bought
cast
caught
chosen
clung
come
cost
crept
cut
dealt
dug
dived
33.
34.
do
draw
bought
cast
caught
chose
clung
came
cost
crept
cut
dealt
dug
dived
dove
did
drew
done
drawn
a se ridica
a se trezi
a fi
a purta
a bate
a deveni
a ncepe
a se ndoi
a paria
a lega
a musca
a sngera
a sufla, a bate
a sparge
a creste, a educa
a aduce
a difuza,
a transmite (despre un
post de radio,
televiziune)
a construi
a arde
a izbucni (despre un
conflict, un rzboi, o
furtun)
a cumpra
a arunca
a prinde
a alege
a se agta
a veni
a costa
a se tr, a se furisa
a tia
a trata, a se ocupa de
a spa
a plonja
a face
1. a trage;
2. a desena.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
dream
drink
drive
dwell
eat
fall
feed
feel
fight
find
fit
dreamed / dreamt
drank
drove
dwelt / dwelled
ate
fell
fed
felt
fought
found
fitted / fit
dreamed / dreamt
drunk
driven
dwelt / dwelled
eaten
fallen
fed
felt
fought
found
fitted / fit
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
flee
fling
fly
forbid
foresee
foretell
forget
forgive
forsake
freeze
frostbite
get
give
go
grow
handwrite
hang
have
hear
hide
hit
hold
hurt
fled
flung
flew
forbade / forbad
foresaw
foretold
forgot
forgave
forsook
froze
frostbit
got
gave
went
grew
handwrote
hung
had
heard
hid
hit
held
hurt
fled
flung
flown
forbidden
foreseen
foretold
forgotten
forgiven
forsaken
frozen
frostbitten
gotten
given
gone
grown
handwritten
hung
had
heard
hidden
hit
held
hurt
69.
interweave
70.
71.
keep
kneel
72.
73.
74.
75.
know
lay
lead
lean
interwove
interweaved
kept
knelt
kneeled
knew
laid
led
leaned / leant
interwoven
interweaved
kept
knelt
kneeled
known
laid
led
leaned / leant
76.
leap
leaped / leapt
leaped / leapt
a visa
a bea
a ofa
a locui
a mnca
a cdea
a hrni
a (se) simi
a (se) lupta
a gsi
1. a se potrivi
2. a-i sta bine
a fugi pe ascuns
a arunca
a zbura
a interzice
a prevedea
a prezice
a uita
a ierta
a prsi
a nghea
a degera
a primi
a da
a merge
a crete
a scrie de mn
a atrna
a avea
a auzi
a (se) ascunde
a lovi
a ine
1. a rni;
2. a durea.
a (se) ntreese
a tine, a pstra
a ngenunchia
a ti, a cunoate
a pune, a aeza
a conduce
a se apleca, a se
sprijini
a sari
learned / learnt
left
lent
let
lay
lit / lighted
lost
made
meant
met
misheard
misled
misread
misspoke
misspelled /
misspelt
misunderstood
paid
pleaded / pled
prepaid
proofread
proved
put
quit/ quitted
read
rebroadcast
rebroadcasted
rid
rode
rang
rose
learned / learnt
left
lent
let
lain
lit / lighted
lost
made
meant
met
misheard
misled
misread
misspoken
misspelled / misspelt
a nva
a pleca, a lsa
a da cu mprumut
a lsa, a permite
a zcea, a se afla
a aprinde
a pierde
a face
a nsemna
a (se) ntlni
a auzi greit
a ndruma greit
a citi greit
a se exprima greit
a ortografia greit
misunderstood
paid
pleaded / pled
prepaid
proofread
proven / proved
put
quit/ quitted
read
rebroadcast
rebroadcasted
rid
ridden
rung
risen
106. run
107. saw
ran
sawed
108.
109.
110.
111.
112.
113.
114.
said
saw
sought
sold
sent
set
sewed
run
sawn
sawed
said
seen
sought
sold
sent
set
sewn
sewed
shaken
shaved
shaven
shed
a ntelege greit
a plti
a pleda
a plti n avans
a corecta (un text)
a (se) dovedi
a pune
a abandona
a citi
a redifuza (la radio,
televiziune)
a scpa de
a clri
a suna
1. a rsri;
2. a se ridica.
a fugi
a tia cu fierstrul
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
learn
leave
lend
let
lie
light
lose
make
mean
meet
mishear
mislead
misread
misspeak
misspell
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
misunderstand
pay
plead
prepay
proofread
prove
put
quit
read
rebroadcast
102.
103.
104.
105.
rid
ride
ring
rise
say
see
seek
sell
send
set
sew
115. shake
116. shave
shook
shaved
117. shed
shed
a spune
a vedea
a cuta
a vinde
a trimite
a pune
a coase
a scutura, a tremura
a (se) rade / a (se)
brbieri
a vrsa (lacrimi,
118. shine
119.
120.
121.
122.
123.
124.
shoot
show
shrink
shut
sing
sink
125. sit
126. slay
127. sleep
128. slide
129. smell
130. sneak
131. speak
132. speed
133. spell
134. spend
135. spill
136. split
137. spread
138. spring
139.
140.
141.
142.
stand
steal
stick
strike
143. strive
shone
shined
shot
showed
shrank
shut
sang
sank
sunk
sat
slew
slayed
slept
slid
smelled
smelt
sneaked
snuck
spoke
sped
speeded
spelled
spelt
spent
shone
shined
shot
shown
shrunk
shut
sung
sunk
spilled
spilt
split
spread
sprang
sprung
stood
stole
stuck
struck
spilled
spilt
split
spread
sprung
144. swear
145. swell
strove
strived
swore
swelled
146.
147.
148.
149.
swam
swung
took
taught
swim
swing
take
teach
sat
slain
slayed
slept
slid
smelled
smelt
sneaked
snuck
spoken
sped
speeded
spelled
spelt
spent
stood
stolen
stuck
struck
stricken
striven
strived
sworn
swollen
swelled
swum
swung
taken
taught
snge)
a strluci
a mpuca
a arta
a intra la ap
a nchide
a cnta
a (se) scufunda
a edea
a ucide
a dormi
a aluneca
a mirosi
a se furia
a vorbi
a accelera
a ortografia
1. a cheltui;
2. a petrece (vacana,
timpul).
a vrsa
a despica
a (se) ntinde
a izvor (despre o ap);
a sri
a sta (n picioare)
a fura
a lipi
a lovi
a nzui
a jura
a se umfla
a nota
a legna
a lua
a preda
150. tear
tore
torn
151. tell
told
told
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
thought
throve
threw
thrust
underwent
understood
undertook
underwrote
upheld
upset
woke
waked
wore
wove
weaved
wed
wedded
wept
wet
wetted
won
wound
withdrew
withheld
withstood
wrote
thought
thriven
thrown
thrust
undergone
understood
undertaken
underwritten
upheld
upset
woken
waked
worn
woven
weaved
wed
wedded
wept
wet
wetted
won
wound
withdrawn
withheld
withstood
written
think
thrive
throw
thrust
undergo
understand
undertake
underwrite
uphold
upset
wake
163. wear
164. weave
165. wed
166. weep
167. wet
168.
169.
170.
171.
172.
173.
win
wind
withdraw
withhold
withstand
write
1. a rupe;
2. a sfsia.
1. a spune;
2. a povesti.
a (se) gndi
a se dezvolta rapid
a arunca
a nfige
a trece prin
a ntelege
a lua asupra sa
a subscribe
a sustine
a tulbura
a se trezi
a purta
a tese
a (se) cununa
a plnge
a uda
a cstiga
a rsuci
a (se) retrage
a retine
a rezista la
a scrie
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ONLINE BIBLIOGRAPHY
A. Fundamental legal texts
The Romanian Constitution: http://www.cdep.ro/pls/dic/site.page?id=371 accessed on 20th July
2013; http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c4s0a58 - accessed on 20th
July 2013; http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c1s1a61 - accessed on
20th July 2013; http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c3s0a102 accessed on 5th November 2012
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=5#t5c0s0a142 - accessed on 24th
November 2012
Romanian
Constitution:
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c5
th
accessed on 26 November 2012
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c6s3a133 - accessed on 5th
November 2012
The
Romanian
Constitution
of
1952:
http://legislatie.resurse-pentruth
democratie.org/const_1952.php - accessed on 20 July 2013
The
Romanian
Criminal
Code
(English
version)
www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013
The
Romanian
Criminal
Code
in
English:
http://legislationline.org/documents/action/popup/id/8914/preview accessed on 24th August
2013
Law 304 / 2004 the Law on the Romanian Judiciary (translated into English):
http://www.diicot.ro/index.php?option=com_content&view=article&id=74&Itemid=80
accessed on 4th March 2012
Law on local public administration and elections :
http://www.cdep.ro/legislatie/eng/vol46eng.pdf - accessed on 26th November 2012
Legea 195/2006: http://www.legex.ro/Legea-195-2006-71213.aspx - accessed on 17th
September 2013
Romanian Public Administration:
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023222.pdf - accessed on 17th
September 2013
The Universal Declaration of Human Rights: http://www.un.org/en/documents/udhr/ - accessed
on 20th September 2013
The Bill of Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html accessed on 20th September 2013
Convenia pentru prevenirea i reprimarea crimei de genocid:
http://www.irdo.ro/file.php?fisiere_id=89&inline= - accessed on 12th September 2013
Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948:
http://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentId=1507EE
9200C58C5EC12563F6005FB3E5 - accessed on 12th September 2013
European Charter of Local Self-Government:
http://conventions.coe.int/Treaty/en/Treaties/Html/122.htm - accessed on 18th September 2013
Carta
european
a
autonomiei
locale:
http://legislatie.resurse-pentrudemocratie.org/199_1997.php - accessed on 18th September 2013
Official Journal of the European Union, C 83/13 available on-line at http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF accessed on
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http://www.coe.ro/Glosar_ro.pdf
www.ier.ro/documente/Glosare/DCT_glosar_juridic.pdf
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http://www.britannica.com/EBchecked/topic/128386/common-law accessed on 15th February
2013
C. Decisions, judgements, and other legal resources: